FEDERAL COURT DECISION AND MEDICARE - NOV 2, 2010

posted Nov 3, 2010, 12:10 PM by Frank Baskin   [ updated Nov 3, 2010, 12:27 PM ]
Two separate federal district courts ruled that Medicare has been too restrictive when it determines how long an individual may receive Medicare services in either a....FOR MORE CLICK TITLE....  skilled nursing facility or in home health care. They said that beneficiaries do not have to show that their conditions will improve and that Medicare may cover them even if their condition is stable. The court said that Medicare could be needed to help maintain a level of  functioning and to prevent a condition from worsening.Historically, beneficiaries have only been allowed to remain in a nursing home or to receive home health services for short periods of time. A court in Penna ruled about the skilled nursing home issue and a court in Vermont ruled about the home health issue. The Federal government will decide to appeal or not. If these rulings stand then the Centers of Medicare and Medicaid Services (CMS) will have to write new rules and regulations to cover this new landscape.
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