| | 2001.11.26 DAB1798 Brier Oak Terrace Care Center, Petitioner vs. Centers for Medicare and Medicaid Services (Site not responding. Last check: 2007-11-05) |
 | | Brier Oak argued that CMS's assumption that it was not in substantial compliance until the revisit illustrates the abuse and unfairness of delayed revisits, an abuse which, according to Brier Oak, CMS itself recognized in adopting a new remedy policy in a May 3, 2001 policy memorandum. |
 | | Brier Oak contended that testimony at the hearing and Resident 2's medical records established that he was not completely immobile, with his mobility in fact increasing while at the facility as a result of physical therapy, thus making a finding of "highly culpable" unwarranted based on the evidence. |
 | | Brier Oak argued that, in addition to its position that there was no basis for a finding of culpability on its part, a $500 daily CMP lacked a legitimate remedial purpose and was not justified by either the scope and severity of a single deficiency or its compliance history. |
| www.hhs.gov /dab/decisions/dab1798.html (3857 words) |