Carey v. Finch

RUBIN, District Judge.

At the heart of this case is the question of the validity of a regulation adopted by the Secretary of Health, Education and Welfare.

Sections 1801 through 1901 of The Social Security Act contain the “Medicare” provisions. 42 U.S.C. § 1395 et seq. Payment for services furnished an individual may be made only to those providers of services that have established their eligibility. 42 U.S.C. § 1395Í. 1

But “payments shall also be made to any hospital for in-patient hospital services furnished * * * to an individual entitled to hospital insurance benefits * * * even though such…