6 soc.sec.rep.ser. 142, Medicare&medicaid Gu 34,082 Rose Mayburg v. Secretary of Health and Human Services

BREYER, Circuit Judge.

With certain qualifications, the Medicare Act, Part A, provides eligible persons with 90 days of hospital “inpatient” coverage and 100 days of post-hospital “extended care” coverage during each “spell of illness.” 42 U.S.C. § 1395d(a). The Act defines “spell of illness” as a period(1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished in patient hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and(2) ending with the close of the…