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RENDZIO v. SECRETARY OF HEALTH, EDUCATION & WELFARE

Civ. A. No. 4-72512.

403 F.Supp. 917 (1975)

Joseph RENDZIO, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court, E. D. Michigan, S. D.

October 21, 1975.

Attorney(s) appearing for the Case

Albert B. Lassen, The Legal Aid Office, Detroit, Mich., for plaintiff.

Saul A. Green, Asst. U. S. Atty., Detroit, Mich., for defendant.

MEMORANDUM OPINION

FEIKENS, District Judge.

Joseph Rendzio was denied Medicare benefits for the period of April 15, 1972 through May 27, 1972, during which he was an inpatient at the Medicenter in Southfield, Michigan, on the ground that the services provided during that period were mere "custodial care" and therefore excluded from coverage by 42 U.S. C. § 1395y(a)(9) (1974). The issue here is whether the Secretary's decision is supported by substantial...

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