6th Circuit Reverses Fine For Nursing Facility’s Failure To Consider Staff Increase

Mealey's (November 12, 2020, 1:39 PM EST) -- CINCINNATI — A split Sixth Circuit U.S. Court of Appeals panel on Oct. 27 ruled that a penalty imposed by the Centers for Medicare & Medicaid Services (CMS) against a nursing facility for failure to consider increasing staff after patient falls increased was arbitrary and capricious because the facility was given no fair notice that it must make such considerations (Golden Living Center – Mountain View v. Secretary of Health and Human Services, et al., No. 19-3755, 6th Cir., 2020 U.S. App. LEXIS 33997)....