OPINION OF THE COURT PER CURIAM. This appeal by the Secretary of Health and Human Services, from a judgment of the district court, presents an issue of first impression in the courts of appeals. We are required to decide whether a “spell of illness,” as defined by 42 U.S.C. § 1395x(a) of the Medicare Act continues when a person is receiving only custodial care in a “skilled nursing facility.” The Secretary c…
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