George FRIEDMAN, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
Court of Appeals for the Second Circuit
1Opinion of the Court
WINTER, Circuit Judge:
This is an appeal from Judge Korman’s decision upholding the denial by the Secretary of the Department of Health and Human Services (“Secretary”) of Medicare benefits for a portion of Friedman’s hospital stay during 1982. We initially issued a summary order affirming the judgment under our Rule 0.23, but have since vacated that order at the government’s request. We again affirm, but on a different rationale.
BACKGROUND
George Friedman was admitted to the intensive care unit of Southampton Hospital on January 28, 1982, for treatment of head injuries sustained in a fall.…
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