Melson v. Secretary of Health and Human Services

CURTIN, District Judge.

The plaintiff has brought this action against the Secretary of Health and Human Services (“Secretary”) on behalf of her husband pursuant to 42 U.S.C. §§ 405(g), 1395ff(b). She is seeking review of the Secretary’s determination that her husband is not entitled to Medicare benefits for acute inpatient hospital care that he received after suffering a heart attack and resulting brain damage. The Secretary ruled that once the treating physician had determined that the plaintiff’s husband could receive the requisite level of care at a skilled nursing facility (“SNF”), the…