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When You Hear "We’re Stopping Therapy" — Dig Deeper!

Medicare will pay costs of "skilled rehabilitation services" received in a nursing home. This includes services that require the skills of physical therapists, occupational therapists or speech pathologists (together in this article, "therapy"). Payment for therapy is subject to Medicare’s limits on numbers of days covered in a nursing home setting. For the first 20 days Medicare pays 100%; for days 21 to 100 Medicare pays the amount due after a $95.50 per day deductible.

From time to time we hear that a nursing home has stopped or is about to stop providing therapy to a resident — giving the reason that Medicare will not pay the costs of therapy if the resident is "not improving." Another way this reason is given is by saying that the resident has reached a "plateau."

When a nursing home gives this reason, it is wrong!

Legally, "lack of improvement" is not a reason for stopping therapy.

The Federal Medicare law passed by Congress [see 42 USC 1395i-3(b)(2)] provides that a nursing home must provide "services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident." "Maintaining" includes avoiding a decline, it doesn’t require improvement.
The Health Care Financing Administration (HCFA) has the job of carrying out the Medicare laws adopted by Congress. HCFA has clearly stated [at 42 CFR 409.32(c)] that improvement is not necessary: "Even if full recovery or medical improvement is not possible, a patient may need skilled services to prevent further deterioration or preserve current capabilities."

So, what should you do if a nursing home tells you that it will stop providing therapy to a resident who is "not improving?" Several steps can be taken:

Inform the nursing home about the content of this article.
Have the doctor confirm his or her order prescribing nursing home "skilled rehabilitation services."
If the nursing home persists, demand an official "Notice of Non-Coverage" and that the home continue therapy. And appeal the home’s decision by checking the box in the Notice stating that you want the bill submitted to the "intermediary" for a Medicare decision. The home is not allowed to bill the resident for the therapy pending the intermediary’s decision.
If the intermediary rules against payment for therapy, further appeals are available.

[From our November/December 1998 Newsletter]



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