Legal Opinion
STATE OF NEW YORK on Behalf of Beatrice STEIN, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant
Court of Appeals for the Second Circuit
Decided January 18, 1991No. 277, Docket 89-6227PublishedCited by 15 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
The Secretary of Health and Human Services appeals from a judgment of the United States District Court for the Northern District of New York (Cholakis, J.) reversing the Secretary’s determination that Beatrice Stein’s hospitalization from August 14 to September 17, 1984 was not reasonable and necessary and therefore not covered by Medicare. We vacate the judgment and return the case to the district court with instructions to remand it to the Secretary for additional findings with specific reference to Health Care Financing Administration Ruling 85-2, 51 Fed.Reg.…
2Cases cited8 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Schisler v. BowenCourt of Appeals for the Second Circuit · 1988
- STATE OF NEW YORK, on Behalf of Margaret BODNAR, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, AppellantCourt of Appeals for the Second Circuit · 1990
- National Labor Relations Board v. Welcome-American Fertilizer CompanyCourt of Appeals for the Ninth Circuit · 1971
- Ben GOODMAN, Plaintiff-Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Estate of Landers Ex Rel. Landers v. LeavittCourt of Appeals for the Second Circuit · 2008
- Keefe v. ShalalaCourt of Appeals for the Second Circuit · 1995
- New York ex rel. Holland v. SullivanCourt of Appeals for the Second Circuit · 1991
- Keefe ex rel. Keefe v. ShalalaCourt of Appeals for the Second Circuit · 1995
- Yale-New Haven Hospital, Inc. v. ThompsonDistrict Court, D. Connecticut · 2002
10 more not listed; retrieve them via the Exa API.