McKnight's September 29, 2023
Kimberly Marselas

Ten years after a landmark court case determined patients do not need to regain function to maintain access to skilled nursing care and therapy services, advocates warn that elderly patients and those with disabilities continue to be denied care based on a non-existent “improvement standard.”

In early 2013, the Center for Medicare Advocacy and Vermont Legal Aid settled a federal class action lawsuit on behalf of Glenda Jimmo, a blind woman with diabetes who had been denied Medicare coverage for home health care because she wasn’t improving. The agreement was supposed to ensure coverage and access to care for millions of other beneficiaries, but that hasn’t always been the case.

“Implementation is not what we wish it was, lo these...

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