CMS sought to impose a civil monetary penalty on the successor of a fined nursing home where the successor accepted assignment of the provider agreement rather than going through the certification process for a new provider agreement. This case includes a detailed discussion of the administrative process through which civil monetary penalties are imposed and appealed. It also discussed the process through which provider agreements are assigned.
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Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…