HIMMLER v. CALIFANO

No. 77-1083.

611 F.2d 137 (1979)

Walter HIMMLER, Executor of the Estate of Anna Himmler, Carl Fidorra, individually and on behalf of all other parties similarly situated, Plaintiffs-Appellees, v. Joseph CALIFANO, Secretary of HEW, and Michigan Hospital Service, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 11, 1979.


Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty., Detroit, Mich., William Kanter, John M. Rogers, Alfred Mollin, Attys., Civ. Div., App. Section, Dept. of Justice, Washington, D. C., for defendants-appellants.

Alan W. Houseman, Michigan Legal Services, Inc., Kenneth Lee Lewis, Detroit, Mich., for plaintiffs-appellees.

Before EDWARDS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.


ENGEL, Circuit Judge.

In this appeal we are called upon to decide whether the Social Security Act and the Due Process Clause of the Fifth Amendment require the Secretary of Health, Education and Welfare to provide notice and an opportunity for a hearing before medical expenses already incurred by eligible Medicare recipients can be initially rejected by a fiscal intermediary for Medicare payment as not "medically necessary" when such services were previously certified...

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