Lena KAUFMAN, Plaintiff-Appellee, v. Patricia HARRIS, Secretary of Health and Human Services, Defendant-Appellant

The Secretary of Health and Human Services appeals from an order of Judge Robert B. Krupansky of the United States District Court for the Northern District of Ohio that vacated the Secretary’s denial of Mrs. Kaufman’s claim for Medicare benefits.

Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395-1395xx (1976 & Supp. V 1981), provides Medicare benefits for inpatient hospital services for up to 150 days during one “spell of illness,” and post-hospital extended care services for up to 100 days during one “spell of illness.” 42 U.S.C. § 1395d (1976 & Supp. V 1981). The term “spell of…