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Beverly spars with Dept. of Labor, sues Shalala.


Beverly Enterprises Inc. has been ordered by a federal administrative law judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies.  to open its corporate headquarters for review by the U.S. Labor Department's Office of Federal Contract Compliance. If the company refuses, it could be barred from federal contracting.

"This ruling upholds our right to review a company's employment practices, including those affecting corporate executives," Secretary of Labor Alexis Herman said.

As a federal contractor--Beverly provides care for veterans under a multi-million dollar contract with the Department of Veterans Affairs--Beverly is subject to affirmative action and equal employment opportunity requirements.

The OFCCP wants to examine salary and promotion practices in executive positions, but Beverly has refused access to its premises and personnel data, claiming that it has been unfairly targeted for review and that its constitutional right against illegal search and seizure search and seizure

In law enforcement, an exploratory investigation of a premises or a person and the taking into custody of property or an individual in the interest of gaining evidence of unlawful activity or guilt.
 had been violated.

The OFCCP sued and Administrative Law Judge Larry Price held that Beverly had no grounds for refusing access.

Beverly appealed and lost. It was given until October 3 to comply or face cancellation of current contracts and debarment de·bar  
tr.v. de·barred, de·bar·ring, de·bars
1. To exclude or shut out; bar.

2. To forbid, hinder, or prevent.
 from future contracts.

In an unrelated matter, Beverly has sued U.S. Health and Human Services Noun 1. Health and Human Services - the United States federal department that administers all federal programs dealing with health and welfare; created in 1979
Department of Health and Human Services, HHS
 Secretary Donna Shalala and HCFA HCFA
abbr.
Health Care Financing Administration


HCFA,
n.pr See Health Care Financing Administration.
 head Nancy-Ann Deparle for removing one of its nursing homes from Medicare and Medicaid Medicare and Medicaid

U.S. government programs in effect since 1966. Medicare covers most people 65 or older and those with long-term disabilities. Part A, a hospital insurance plan, also pays for home health visits and hospice care.
.

Beverly alleges that HCFA surveyors improperly charged its Spring Hill home in Brooksville, Florida, with serious deficiencies that put the home on a 23-day "fast track" to termination, which occurred in June 1998.

The company appealed the decision, and the administrative-law judge said the deficiencies didn't pose an immediate threat. But he didn't reinstate the home; he only reduced the fine.

Beverly contends that the designation was undeserved, and is also challenging the survey process as "too vague."
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Title Annotation:Beverly Enterprises Inc. sues Donna Shalala
Publication:Contemporary Long Term Care
Geographic Code:1USA
Date:Nov 1, 1999
Words:288
Previous Article:ALC resumes trading but Regent is delisted.(Assisted Living Concepts Inc.; Regent Assisted Living Inc.)
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