If the decisions are upheld, no longer will a Medicare recipient be required to demonstrate that their condition will improve in order for the treatment to be covered under Medicare. These decisions may help clarify the type of benefits a large number of Medicare recipients are entitled to who suffer from progressive conditions that are difficult categorize.
Both cases have effectively invalidated the standards utilized by the Obama administration for determining if Medicare will cover care related to treatment of chronic conditions and disabilities such as: Alzheimer’s, multiple sclerosis and broken hips.
By accepting a liberal interpretation of Medicare, these courts have finally acknowledged the need for preventative medical care to prevent painful conditions and to help the elderly maintain a quality of life. Hopefully, these decisions will pave the way for other elderly to begin to receive care that they require and are rightfully entitled to.
For laws related to Pennsylvania nursing homes, look here.
For laws related to Vermont nursing homes, look here.
Medicare Standards Are Too Strict, 2 Courts Find, By Robert Pear, The New York Times, November 1, 2010