New York State Department of Social Services v. Bowen

OAKES, Circuit Judge:

The New York State Department of Social Services (NYSDSS or “the Department”) seeks to obtain the right to appeal decisions of the United States Department of Health and Human Services (HHS) that deny Medicare benefits to nursing home patients whose health care, as a result of the denials, is paid for by NYSDSS with Medicaid funds. A Medicare beneficiary or the provider of health care can take an administrative appeal, with judicial review, from a denial of Medicare coverage. 42 U.S.C. §§ 1395ff(b), 405(b) and (g) (1982 & Supp. Ill 1985); 42 C.F.R. §§ 405.701-.750 (1986).…