“Thought for the Day” #652 – by Stephen R. Elville, J.D., LL.M.

January 28, 2016

Many nursing homes discontinue critical therapy for a resident if he or she is deemed not to be making any further progress on the basis that the continuation of Medicare payments requires such progress.  According to the  recent Jimmo vs. Sibelius case, Medicare payment does not necessarily require the traditional progress standard.  There may be many reasons to continue therapy, including preventing the resident’s decline.  Medicare non-coverage can be quickly appealed.