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Court Orders Corrective Action Plan in Jimmo Case


A February 1, 2017 decision by the judge overseeing the settlement in Jimmo v. Burwell – the “Improvement Standard” case – ordered the Secretary of Health and Human Services to carry out a Corrective Action Plan to remedy the Department’s noncompliance with the settlement.  The Corrective Action Plan requires a new CMS webpage dedicated to Jimmo, a published Corrective Statement disavowing the improvement standard, a posting of Frequently Asked Questions, and new training for contractors making coverage decisions. The judge also ordered the Secretary to conduct a new National Call to explain the correct policy in the Corrective Statement, which was largely drafted by the plaintiffs, the Center for Medicare Advocacy and Vermont Legal Aid.

A February 6, 2017 press release by the Center for Medicare Advocacy gives more information on the new ruling and states that the Secretary of HHS is required to certify compliance with the order by September 4, 2017.

Jimmo is a landmark case brought on behalf of a nationwide class of Medicare beneficiaries who were denied coverage and access to skilled nursing care or home health services because they did not show sufficient potential for “improvement.”