Jewish Home of Eastern Pennsylvania v. Centers for Medicare & Medicaid Services

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 12-2273
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JEWISH HOME OF EASTERN PENNSYLVANIA,
Petitioner
v.
CENTERS FOR MEDICARE & MEDICAID SERVICES;
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondents
__________
On Petition for Review of a Decision of the
Departmental Appeals Board of the
United States Department of Health and Human Services
(HHS-1: A-12-19)
Submitted Under Third Circuit LAR 34.1(a)
April 26, 2013
BEFORE: JORDAN, GREENBERG, and NYGAARD, Circuit Judges
(Filed: April 29, 2013)
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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
Jewish Home of Eastern Pennsylvania petitions for a review of the final decision
by the Secretary of Health and Human Services imposing a civil money penalty for
numerous violations of Medicare participation requirements. Jewish Home failed to raise
its argument on preclusion before the Secretary and therefore we will not consider it on
appeal. 42 U.S.C. § 1320a-7a(e). Moreover, we denied a prior petition for review by
Jewish Home on its claim of selective enforcement because it failed to show that it was
treated differently from similarly situated nursing homes. See Jewish Home of Eastern
Pa. v. Centers for Medicare and Medicaid Services, 693 F.3d 359, 363 (3d Cir. 2012).
We apply the same rationale in denying this petition, concluding that the “fact finding
hearing” to which Jewish Home erroneously claims entitlement would be futile.
For these reasons, we will deny the petition for review as wholly without merit.
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