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KRAEMER v. HECKLER

No. 889, Docket 83-6335.

737 F.2d 214 (1984)

Katherine KRAEMER, on behalf of Herself and All Others Similarly Situated, Appellants, v. Margaret HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 12, 1984.

Attorney(s) appearing for the Case

Olney H. Clowe, Neighborhood Legal Services, Inc., Buffalo, N.Y., for appellants.

Barbara Lewis Spivak, Deputy Regional Atty., Dept. of Health and Human Services, New York City (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., Juan A. Del Real, General Counsel, Dept. of Health and Human Services, Washington, D.C., of counsel), for appellee.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and POLLACK, District Judge.

OAKES, Circuit Judge.

This class action challenges on procedural due process grounds the federal policies and procedures relative to the termination of Medicare coverage (hospital and skilled nursing care) of Medicare Part A beneficiaries. There are four claims raised:

1. That a determination by a medical provider's utilization review committee (URC) that an admission or continued stay is not medically necessary effectively constitutes a termination of Medicare...

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