Yale-New Haven Hospital v. Leavitt
Court of Appeals for the Second Circuit
1Opinion of the Court
JACOBS, Chief Judge.
Michael O. Leavitt, the Secretary of the United States Department of Health and Human Services (the “Secretary” of “HHS”), appeals from the decision of the United States District Court for the District of Connecticut (Dorsey, J.), which reversed on motion for summary judgment a final decision of the Secretary denying to Yale-New Haven Hospital (“Yale”) Medicare coverage for treatment involving in-vestigational cardiac devices provided to 48 patients. The Secretary denied reimbursement on the ground that the devices had not received premarket approval from the FDA; in the…
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