UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 09-3006 _____________

JEWISH HOME OF EASTERN PENNSYLVANIA,

Petitioner

v.

CENTERS FOR MEDICARE AND MEDICAID SERVICES; DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondents ____________

On Petition for Review from on Order by the Secretary of the Department of Health and Human Services (No. 09-42)

Submitted January 27, 2011

Before: FUENTES, CHAGARES, and ROTH, Circuit Judges.

____________

ORDER ____________

On the Court’s own motion, this Court’s mandate issued on June 16, 2011 is

hereby RECALLED. The parties’ motions to publish, filed on August 31, 2011 and

February 8, 2012, are hereby GRANTED, and this Court’s not precedential opinion, filed

February 11, 2011, is hereby VACATED. An amended precedential opinion shall be

filed forthwith. The Clerk is directed to issue the mandate upon the filing of the amended

precedential opinion. /s/ Michael A. Chagares Circuit Judge

DATED: August 14, 2012 trg/cc: Christopher S. Lucas, Esq. Alan C. Horowitz, Esq.