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BARTLETT ON BEHALF OF NEUMAN v. HECKLER

Civ. A. No. 82-0552.

576 F.Supp. 830 (1983)

Mary BARTLETT on Behalf of Josephine NEUMAN, Plaintiff, v. Margaret HECKLER, Defendant.

United States District Court, District of Columbia.

September 23, 1983.

Attorney(s) appearing for the Case

Ronald E. Bush, Student Attorney and Stephen J. DelGiudice, Supervising Attorney, Community Legal Clinics, George Washington University, Washington, D.C., for plaintiff.

Deborah Robinson, Asst. U.S. Atty., Washington, D.C., for defendant.

MEMORANDUM ORDER

HAROLD H. GREENE, District Judge.

This action challenges a provision in the Medicare Act, 42 U.S.C. § 1395x(y)(2)(B), which denies reimbursement to a patient receiving extended care services in a non-Christian Science skilled nursing facility if, during the same spell of illness, the patient previously received extended care in a Christian Science facility.

Plaintiff's decedent spent 30 days in a Christian Scientist home, for...

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