United States Second Circuit

In a putative class action brought by Medicare participants challenging denial of coverage for post-hospitalization care in skilled nursing facilities, decision certifying the class and granting judgment to the defendant is affirmed where: 1) the interpretation of the qualifying stay requirement set forth in the government's Medicare Benefit Policy Manual was not entitled to deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984); 2) a Medicare beneficiary is not an inpatient within the meaning of section 1395x(i) unless he or she has been formally admitted to a hospital; 3) the rule does not violate the Constitution's guarantee of equal protection; 4) the district court correctly excluded interrogatories because they represented post hoc statements from the agency; and 5) the district court also correctly excluded plaintiff's declarations and statements of material facts.

Appellate Information

• Decided 10/01/2008
• Published 10/01/2008

Judges

Court

• United States Second Circuit

Counsel