Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Fairfax Nursing Home, Inc. v. U.S. Dep’t of Health and Human Services

United States Court of Appeals for the Seventh Circuit
300 F.3d 835 (2003)


Fairfax Nursing Home (Fairfax) (defendant) was a skilled nursing facility under the regulation of the Centers for Medicare and Medicaid Services, a division of the U.S. Department of Health and Human Services (HHS) (plaintiff). If violations of Medicare regulations were found, the state could recommend the imposition of civil monetary penalties (CMPs). Over a 105-day period, Fairfax violated 42 C.F.R. § 483.25(k) relating to the provision of respiratory care to residents dependent on ventilators on five occasions. In three of the violations, negligent care by Fairfax employees resulted in the deaths of the three residents. In the other two cases, Fairfax employees failed to follow policies and procedures that threatened the health of its residents. Thereafter, CMS imposed a $3,050 CMP for each of the 105 days Fairfax was not in compliance with HHS regulations. Fairfax appealed the fine to an administrative law judge (ALJ) who found that the amount was reasonable and noted that Fairfax had failed to substantially comply with the regulations governing the proper care of ventilator-dependent residents. Fairfax then appealed to the Department Appeals Board of the HHS, which affirmed the ALJ’s decision. Fairfax thereafter appealed to the court of appeals.

Rule of Law


Holding and Reasoning (Ripple, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial