New York ex rel. Holland v. Sullivan

JON 0. NEWMAN, Circuit Judge:

The Secretary of Health and Human Services appeals from the April 8, 1990, judgment of the District Court for the Northern District of New York (Howard G. Munson, Judge), directing that Medicare benefits be calculated and paid to the State of New York on behalf of Theresa Holland. The issue on appeal is whether the Secretary was entitled to deny Medicare coverage for Holland’s hospitalization on the ground that inpatient hospital care was not “reasonable and necessary,” within the meaning of 42 U.S.C. § 1395y(a)(l)(A) (1988). In conformity with the recent decision…