Judge David larimer
Asserting claims under the Social Security Act and Medicare Act, nursing home and rehabilitation center operator Blossom South sought a preliminary injunction barring the Secretary of Health and Human Services—and the Administrator of the Centers for Medicare & Medicaid Services— from terminating its provider agreement without a pre-termination hearing and other administrative review procedures. Balancing the factors articulated by Christian Louboutin S.A. v. Yves Saint Laurent America Holdings and Winter v. Natural Resources Defense Counsel, district court found that they favored issuance of preliminary injunctive relief. Noting that Blossom South could be put out of business before an administrative hearing is held, the court found the likely destruction of Blossom South's business constituted irreparable harm. Further, denial of an injunction would likely harm Blossom South's residents, who would need to be moved on short notice if closure proceeds as planned. The court observed that the most recent statement of deficiencies issued by state inspectors did not include any deficiencies jeopardizing the health and safety of Blossom South's residents.
