Wednesday, January 30, 2013

Medicare "Improvement Standard" Settlement Approved by Federal Judge

Last October I discussed an important settlement in a class action lawsuit brought against the Department of Health and Human Services that would end Medicare's longtime practice of imposing an "improvement" requirement for persons doing rehab as a condition for continuing Medicare coverage during the statutory 100-day period.

I'm happy to report that on January 24, 2013 the settlement was approved by the Chief Judge of the Federal District Court for the District of Vermont.  

Going forward, Medicare coverage should be provided for up to 100 days (with a patient co-pay beginning the 21st day) so long as a patient requires skilled care, regardless of whether their condition is "improving."

Here is a press release discussing the settlement in more detail.

Blustein, Shapiro, Rich & Barone's Elder Law attorneys can help you plan for, or litigate, elder care.

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