21 of the 28 hospitals on CMS's list were marked under review at some point

CMS's under-review mark, which means the hospital asked for a hearing, in 17 copies of its enforcement actions page from September 2023 to October 17, 2026, and the appeal decisions the HHS Departmental Appeals Board has posted

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21 of the 28 hospitals on CMS's list were marked under review at some point
MeasureValueContext
Hospitals marked under review in at least one of 17 copies of CMS's page21of the 28 hospitals on the list, September 2023 to October 17, 2026
Hospitals marked under review on October 17, 20263Two have no posted decision; a judge cut the third on January 26, 2026
Appeal decisions posted on hospitals on CMS's list4Decided January 4, 2024 to February 5, 2026
Decisions that upheld the penalty in full2$117,260 and $63,900
Decisions that upheld CMS's finding and cut the amount2$101,400 to $33,800; $325,710 to $162,855

About the data

Sources
Method
Sixteen Internet Archive copies of CMS's page, captured September 19, 2023 to October 10, 2026, plus the live page read October 17, 2026. A hospital counts as marked if any copy marks it. Decisions were found by searching the Appeals Board's administrative law judge decisions for 2023 to 2026 for every hospital on the list.
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