Delta Health Group, Inc. v. United States HHS, 459 F. Supp. 2d 1207 (D. Fla. 2006)
By David L. McGuffey, Certified Elder Law Attorney
CMS sought to impose a civil monetary penalty on the successor of a fined nursing home where the successor accepted assignment of the provider agreement rather than going through the certification process for a new provider agreement. This case includes a detailed discussion of the administrative process through which civil monetary penalties are imposed and appealed. It also discussed the process through which provider agreements are assigned.