Dora Hultzman v. Caspar Weinberger, Secretary of Health, Education and Welfare

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal involves the denial of Medicare coverage by the Secretary of Health, Education and Welfare (“HEW”) for inpatient hospital services which the Secretary believed could have been rendered in a lesser care facility. Jurisdiction resides in this Court by virtue of 42 U.S.C. § 1395ff (c), 42 U.S.C. § 405(g) and 28 U.S.C. § 1291.

From July 13 through September 3, 1970, appellant, Mrs. Dora Hultzman, was hospitalized at the Albert Einstein Medical Center, Philadelphia, Pennsylvania, on the order of her family physician, Dr. Kravitz. Mrs.…