Greater Cleveland Hospital Ass'n Group Appeal v. Schweiker

MEMORANDUM OF OPINION AND ORDER

KRENZLER, District Judge.

This is an action for judicial review of the Secretary of Health and Human Services’ final decision denying plaintiffs’ claims for reimbursement under the Medicare program (Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.).

Both parties have filed summary judgment motions which are pending before the Court. At issue is the validity of the Medicare regulation which disallows reimbursement for beside telephones provided to Medicare beneficiaries on the theory that such items are non-reimbursable personal comfort items. 42…