Hirsch v. Bowen

KRAM, District Judge.

Wolfgang Hirsch brings this action to review the final determination of the Secretary of Health and Human Services denying him reimbursement under Medicare Part A, 42 U.S.C. § 1395d(a)(2) for the costs of his medical treatment at Fort Tryon Nursing Home. Hirsch entered Fort Tryon following treatment at Columbia Presbyterian Hospital for two broken wrists. He also suffered from a pre-exist-ing colostomy.

Pursuant to this Court’s order of May 16, 1986, Magistrate Buchwald issued a Report and Recommendation (the “Report”) in this case. The Magistrate found that 1) the care…