Ben GOODMAN, Plaintiff-Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Plaintiff, Ben Goodman, appeals from an order of the United States District Court for the Southern District of New York, John M. Walker, Jr., Judge, dismissing plaintiff’s challenge to a regulation under the federally funded health insurance program commonly known as “Medicare Part B,” see 42 U.S.C. §§ 1395j-1395w-3 (1982 & Supp. V 1987), that excludes coverage for experimental, investigative, or unproven procedures. See Medicare Part B Carrier’s Manual, Coverage Issues Appendix; Medicare Part B Intermediary Letter, No. 77-7, cited in Decision of Medicare Hearing Officer (No. 8801301001) (May…