Bryn Mawr Care, Inc. v. Sebelius

Dist. Ct. did not err in granting defendant’s motion for summary judgment in action alleging that defendant’s decision to publicize and maintain internal records regarding three alleged deficiencies found at plaintiff’s nursing home without affording plaintiff prior hearing deprived plaintiff of its rights under Due Process Clause, as well as certain state and federal Medicaid regulations. Plaintiff had no right to hearing before state ALJ under 42 CFR sections 431.151 and 153, since recording of deficiencies in defendant’s compliance history and any public shaming of plaintiff by publication of said deficiencies were not listed as actions that could be remedied in 42 CFR section 488.406. Moreover, plaintiff had no constitutional due process claim to said hearing, where plaintiff failed to establish any protected interest in any defamatory publication, even though plaintiff asserted that existence of deficiencies: (1) precluded plaintiff from obtaining opportunity to correct future deficiencies without financial penalty; and (2) exposed plaintiff to enhanced penalties for future deficiencies.