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New Developments

Medicare Beneficiaries Still Denied Coverage due to Illegal Use of Improvement Standard

On March 1, 2016 the Center for Medicare Advocacy and Vermont Legal Aid filed a Motion to require the Centers for Medicare & Medicaid Services (CMS) to enforce the settlement of the landmark Medicare case, Jimmo v. Sebelius. Jimmo, brought on behalf of a nationwide class of Medicare beneficiaries who were denied coverage and access to care because they did not show sufficient potential for “improvement,” was settled in 2012. Despite the settlement, CMS has continued to deny coverage and care based on the improvement standard.
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