Coe v. Secretary of Health, Education, & Welfare

BUTZNER, Circuit Judge:

The administrator of the estate of Mamie D. Coe appeals from a summary judgment of the district court disallowing Medicare benefits for services provided by a nursing home in Winston-Salem, North Carolina. Accepting the facts as found by the administrative law judge, we reverse because we believe that Mrs. Coe’s administrator is entitled to recover as a matter of law.

Mrs. Coe had a long illness, following a stroke which partially paralyzed her left side. This condition, combined with other ailments, resulted in a poor prognosis for her recovery. She was discharged from…