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MAYBURG v. SECRETARY OF HEALTH & H. SERVICES

No. 84-1022.

740 F.2d 100 (1984)

Rose MAYBURG, et al., Plaintiffs, Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 2, 1984.

Attorney(s) appearing for the Case

Harold J. Krent, Atty., Appellate Staff, Civ. Div., Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Boston, Mass., and Anthony J. Steinmeyer, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for defendant, appellant.

Daniel S. Manning, with whom Sally Hart Wilson, was on brief, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and PETTINE, Senior District Judge.

BREYER, Circuit Judge.

With certain qualifications, the Medicare Act, Part A, provides eligible persons with 90 days of hospital "inpatient" coverage and 100 days of post-hospital "extended care" coverage during each "spell of illness." 42 U.S.C. § 1395d(a). The Act defines "spell of illness" as a period

(1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient

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