Lewin v. Shalala
United States District Court for the Southern District of New York
887 F. Supp. 74 (1995)
- Written by Liz Nakamura, JD
Facts
Marianne Lewin (plaintiff), a 91-year-old woman, broke her wrist and was admitted to the hospital overnight. Several days later, due to subsequent complications, Lewin was admitted to the Loeb Center, a skilled nursing facility (SNF), for just over one month. When Lewin was admitted to the Loeb Center, she was required to pay for her stay in advance, a cost of approximately $10,000. Lewin was not informed until later that her stay would not be covered by Medicare. Lewin challenged the denial of coverage. The administrative-law judge (ALJ) denied Lewin’s petition because Lewin did not have the prerequisite three-day hospital stay immediately prior to her admission to the Loeb Center. The Medicare Appeals Council denied Lewin’s petition for review of the ALJ’s decision, and the ALJ’s decision became the final decision of the secretary of Health and Human Services, Donna Shalala (defendant). Lewin appealed to the district court from the secretary’s final decision, arguing that (1) her stay at the Loeb Center should be covered because she did not know Medicare coverage would be denied; and (2) the coverage denial violated her equal-protection rights.
Rule of Law
Issue
Holding and Reasoning (Duffy, J.)
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