Royce v. United States

ORDER

KOZINSKI, Chief Judge.

Plaintiff, who is insured under parts A and B of Medicare, underwent surgery on her right hand in February 1978. The costs of the operation were largely covered by part A. She alleges that, as an essential follow-up to her surgery, she has been undergoing outpatient therapy which, at the time the complaint was filed, cost in excess of $1,800. Payment under Medicare part B, which covers outpatient physical therapy, is limited by the Medicare Carrier’s Manual to $100 per year and plaintiff brought this action to recover the difference.

Plaintiff argues that the…