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Health Law Keyed to Furrow
Fairfax Nursing Home, Inc. v. U.S. Department of Health & Human Services
Facts
Fairfax Nursing Home, Inc. (Defendant) is a skilled nursing facility (SNF) that participates in the Medicaid and Medicare programs. The regulation of these SNFs includes surveys at least every 15 months that are not announced beforehand. CMPs can be imposed if violations are found. Regarding the care of Defendant's provision of respiratory care to the SNF residents who were dependant on a ventilator, there were at least five documented violations over a 105-day period from December 20, 1996, through April 3, 1997. In one instance, negligent and incomplete care and follow-up resulted in the death of a resident, and in two other instances, the health and safety of the resident was placed in jeopardy. All of the incidents violated 42 C.F.R. § 483.25(k) regarding the care of residents who are ventilator-dependant. Following an administrative hearing, a CMP of $3,050.00 per day for each of the 105 days was imposed. Defendant brought this appeal.
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