Medicare - Clarification Of When Medicare Should Cover Skilled Care


A very short gist for this issue brief, basically states that Medicare coverage for skilled nursing or therapy is not dependent on a beneficiary’s potential for improving under such care. Instead the coverage depends solely on whether the beneficiary needs the care.

Center for Medicare Advocacy released a new resource on the Medicare Improvement Standard. The issue brief, “Implementing Jimmo v. Sebelius: An Overview,” is intended to provide Medicare stakeholders with an overview of the Jimmo Settlement, what it means in different care settings, and links and references to helpful resource materials.1

In 2013, a federal district court approved a settlement agreement in Jimmo v. Sebelius, No. 5:11-CV-17 (D. VT) agreeing that Medicare coverage for skilled nursing or therapy care is not dependent on a beneficiary’s potential for improving under such care. Instead, the coverage depends solely on whether the beneficiary needs the care. The Jimmo Settlement and later court decisions apply to everyone with Medicare throughout the country, regardless of whether an individual is in traditional Medicare or a Medicare Advantage plan.1


To download read the entire issue brief, click on the web link below:

https://www.medicareadvocacy.org/wp-content/uploads/2019/06/Jimmo-Improvement-Standard-Issue-brief-June-2019.pdf

To read an overview of the Jimmo Settlement, click on the web link below:

https://www.medicareadvocacy.org/new-issue-brief-implementing-jimmo-v-sebelius-an-overview/


1. Source: Medicare Rights Center blog post by Lindsey Copeland


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