103628P.pdf   07/17/2012  Greenbrier Nursing  v.  U.S. Dept. of HHS
   U.S. Court of Appeals Case No:  10-3628
   Department of Health & Human Services   
   [PUBLISHED] [Colloton, Author, with Smith and Gruender, Circuit Judges]
   Civil case - Medicare. The Department of Health and Human
   Services's finding that petitioner was not in substantial compliance with
   42 C.F.R. Sec. 483.25 was supported by substantial evidence; the agency
   did not err in concluding that petitioner's noncompliance rose to the level
   of immediate jeopardy; judicial review of certain objections to the civil
   penalties imposed were barred because petitioner failed to raise the
   arguments to the agency; petitioner received adequate notice of the basis
   for the penalties and had ample opportunity to respond; as the record
   contains substantial evidence of noncompliance, the agency's procedural
   framework for shifting the burden of proof was immaterial to the
   outcome and the court would not address the legal issue raised by the
   claim.