https://www.cms.gov/Center/Special-Topic/Jimmo-Center.html

Important Message About the Jimmo Settlement

The Centers for Medicare & Medicaid Services (CMS) reminds the Medicare
community of the *Jimmo *Settlement Agreement (January 2013), which
clarified that the Medicare program covers skilled nursing care and skilled
therapy services under Medicare’s skilled nursing facility, home health,
and outpatient therapy benefits when a beneficiary needs skilled care in
order to maintain function or to prevent or slow decline or deterioration
(provided all other coverage criteria are met).  Specifically, the
*Jimmo* Settlement
Agreement required manual revisions to restate a “maintenance coverage
standard” for both skilled nursing and therapy services under these
benefits:

Skilled nursing services would be covered where such skilled nursing
services are necessary to maintain the patient's current condition or
prevent or slow further deterioration so long as the beneficiary requires
skilled care for the services to be safely and effectively provided.

Skilled therapy services are covered when an individualized assessment of
the patient's clinical condition demonstrates that the specialized
judgment, knowledge, and skills of a qualified therapist (“skilled care”)
are necessary for the performance of a safe and effective maintenance
program.  Such a maintenance program to maintain the patient's current
condition or to prevent or slow further deterioration is covered so long as
the beneficiary requires skilled care for the safe and effective
performance of the program.

The* Jimmo *Settlement Agreement may reflect a change in practice for those
providers, adjudicators, and contractors who may have erroneously believed
that the Medicare program covers nursing and therapy services under these
benefits only when a beneficiary is expected to improve.  The *Jimmo*
Settlement
Agreement is consistent with the Medicare program’s regulations governing
maintenance nursing and therapy in skilled nursing facilities, home health
services, and outpatient therapy (physical, occupational, and speech) and
nursing and therapy in inpatient rehabilitation hospitals for beneficiaries
who need the level of care that such hospitals provide.

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