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Park Valley Inn Health Center, ALJ Ruling 2024-8 (HHS-CRD May 23, 2024)


Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Civil Remedies Division

Park Valley Inn Health Center
(CCN: 676471),
Petitioner,

v.

Centers for Medicare & Medicaid Services,
Respondent.

Docket No. C-22-285
Ruling No. 2024-8
May 23, 2024

POST-DECISION RULING CORRECTING TYPOGRAPHICAL ERROR

On May 8, 2024, I issued Decision No. CR6470 in this case, granting summary judgment in favor of the Centers for Medicare & Medicaid Services (CMS).  It has been brought to my attention that my decision in this case contains an error.  The decision refers to a daily civil money penalty determination of $7,000 by CMS when, in fact, the determination is to impose a penalty amount of $7,500 per day.  That is a typographical error and not a substantive one because in issuing Decision No. CR 6470 my intent is to affirm CMS’s remedy determination that includes a $7,500 per day civil money penalty.  I hereby correct the decision to state that the penalty amount is $7,500 per day and not $7,000 as the decision erroneously states.  Although it is unnecessary that I do additional analysis of the record, I find that the factors that I address in the decision that support the daily penalty amount are ample basis for a penalty amount of $7,500 per day.

/s/

Steven T. Kessel Administrative Law Judge

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