Babula v. Secretary of Health and Human Services

CURTIN, Chief Judge.

This is an action brought by the plaintiff to review a final decision of the Secretary denying plaintiff’s payment of benefits under the Hospital Insurance portion of the Federal program of health insurance (Medicare Part A). Pursuant to 42 U.S.C. § 1395ff, judicial review is governed by 42 U.S.C. § 405(g).

The relevant history of this case can be summarized as follows. In February of 1982, plaintiff was transferred from the Erie County Home and Infirmary [ECH & I] to Erie County Medical Center [ECMC] after developing a high fever. At this time, plaintiff was 71 years old…