Skip to main content

The regulatory landscape surrounding physical therapy has seen several changes in recent months. The following information will help keep you current and better ensure that appropriate compliance policies are in place.

Jimmo v Sebelius

Prior to a court ruling in 2013, CMS routinely denied claims for skilled nursing and therapy services that sought to maintain a patient's condition and prevent further deterioration associated with chronic conditions such as muscular dystrophy and Parkinson disease. In Jimmo v Sebelius, a federal judge ordered CMS to stop applying the "improvement standard" to deny claims for skilled maintenance services. The court affirmed that skilled therapy is, in fact, medically necessary if it is intended to prevent a patient's deterioration and maintain his or her current condition. CMS was ordered to update its official policies and to educate Medicare contractors to prevent further improper denials.

Subsequently, however, plaintiffs returned to federal court to seek stronger enforcement of the Jimmo ruling. They noted that CMS has continued to deny claims for maintenance services and that some providers have elected not to offer such services for fear of claims denials. On February 2, the federal judge overseeing the settlement agreement ordered CMS to implement a Corrective Action Plan to provide additional education on the Jimmo ruling to Medicare contractors, patients, and providers.

Log in or create a free account to keep reading.


Join APTA to get unlimited access to content.

  1. 1. Jennings S. Targeting fraud and abuse in home health. PT in Motion. 2016;8(10):8-11.

You Might Also Like...

Article

From Recovery to Prevention: APTA Report Charts New Course For Public Awareness

Oct 15, 2025

A newly released research report, APTA’s Consumer Perceptions Report, sheds light on how Americans perceive physical therapy — and where opportunities

News

APTA Advocacy Leads to Noridian Updated Guidance on Plan of Care Signature

Oct 14, 2025

On Sept. 10, the Medicare Administrative Contractor Noridian Healthcare Solutions amended its existing guidance on the regulations governing certification

News

FTC Drops Legal Appeals, Abandons Noncompete Rule

Oct 8, 2025

In August 2024, the United States District Court for the Northern District of Texas permanently barred the Federal Trade Commission's ban on employee noncompetes.