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If Resident 3 's daughter were subject to the requirements of participation in Medicare and Medicaid I might uphold CMS 's determination to impose a remedy against her for her part in leaving Resident 3 at the elevator instead of making sure he had been returned to the supervision of the staff . Sometime later when CNA Nadine Brinker arrived at the facility , she found the Resident 3 's body alarm and wheelchair in the parking lot as she walked toward the entrance . Phil Mickelson has birdied the par 5 third to get back to one under par , so Phil is four under on the three par 5 's today ( two birds and an eagle ) , but , he 's bogeyed four holes , including both par 3 's that he 's played so far . In addition , this Act makes numerous changes to the original military commissions to address the substantive concerns raised by the Supreme Court and by the international community , and to ensure that military commissions are consistent with Common Article 3 's requirement that individuals be tried by " a regularly constituted court , affording all the judicial guarantees which are recognized as indispensable by civilized peoples . Of course Resident 3 's daughter is , in this context at least , exactly that : a facility resident 's family member , and is not subject to the regulations governing participation in federal health care programs .