• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Donate Now
  • Sign Up

Center for Medicare Advocacy

Advancing Access to Medicare and Healthcare

  • Eligibility/Enrollment
  • Coverage/Appeals
    • Medicare Costs (2021)
    • Self Help Materials – Toolkits & More
  • Topics
    • Basic Introduction to Medicare
    • COVID-19 and Medicare
    • Medicare Costs (2021)
    • Home Health Care
    • Improvement Standard and Jimmo News
    • Nursing Home / Skilled Nursing Facility Care
    • Outpatient Observation Status
    • Part B
    • Part D / Prescription Drug Benefits
    • Medicare for People Under 65
    • Medicare “Reform”
    • All Other Topics
    • Resources
      • Infographics
  • Publications
    • CMA Alerts
    • Fact Sheets & Issue Briefs
    • Infographics
    • The Medicare Handbook
    • SNF Enforcement Newsletter
    • Elder Justice Newsletter
    • Medicare Facts & Fiction
    • Articles by Topic
  • Litigation
    • Litigation News
    • Cases
    • Litigation Archive
    • Amicus Curiae Activities
  • Newsroom
    • Press Releases
    • Editorials & Letters to the Editor
    • CMA Comments, Responses, and Letters
    • Medicare Facts & Fiction
    • CMA in the News
  • About Us
    • Mission Statement
    • CMA FAQs
    • Annual Report
    • Personnel & Boards
    • The Center for Medicare Advocacy Founder’s Circle
    • Connecticut Dually Eligible Appeals Project
    • Ossen Medicare Outreach, Education and Advocacy Project
    • National Medicare Advocates Alliance
    • National Voices of Medicare Summit
    • CMA Webinars
    • Products & Services
    • Testimonials
    • Career, Fellowship & Internship Opportunities
    • Contact Us
  • Support Our Work
    • Donate Now
    • Join the Center for Medicare Advocacy Founder’s Circle
    • Take Action
    • Share Your Health Care Story
    • Tell Congress to Protect Our Care
    • Listen to Medicare & Health Care Stories
    • Sign Up

Center for Medicare Advocacy Toolkit: How to Obtain an Additional 100 Days of Medicare Coverage in a Skilled Nursing Facility During the COVID Public Health Emergency

September 3, 2020

Print Friendly, PDF & Email

As the Public Health Emergency (PHE) continues and the number of Medicare beneficiaries impacted by the PHE grows, the Center for Medicare Advocacy (the Center) has received an increasing number of requests for guidance on expanded Medicare coverage in skilled nursing facilities (SNFs).

The following are a compilation of self-help materials that include articles written by the Center (citing CMS guidance), detailed CMS instructions to obtain the waiver, and an interpretation of the additional 100 day waiver as adjudicated by a Medicare Administrative Law Judge (ALJ):

  • Our July 2020 CMA Alert discussing the Centers for Medicare and Medicaid Services (CMS) detailed guidance about how to obtain up to an additional 100 days of SNF coverage. https://medicareadvocacy.org/cms-clarifies-covid-waivers/
  • A June 2020 CMA Alert discussing a case study of the 100 day waiver and a full explanation of when the additional coverage would apply, and when it would not. Here is a link to the article:  https://medicareadvocacy.org/covid-19s-impact-on-beneficiary-rights-a-case-study-examining-medicare-coverage-exceeding-100-days-in-a-skilled-nursing-facility/

Traditional Medicare Cases: CMS has issued a Medicare Learning Network (MLN) article that explains exactly how to bill for the 100 days, including necessary coding and language required to be included in the remarks section (COVID100). Without working through the specific billing requirements, CMS states that the claim will not be processed.  https://www.cms.gov/files/document/se20011.pdf

Medicare Advantage Plan Cases: A Medicare ALJ decision shared with the Center by a beneficiary details the steps used by the ALJ to award an additional 100 days of coverage, overruling organization determinations and the independent review entity’s denial of the additional days. The redacted decision is at: https://medicareadvocacy.org/wp-content/uploads/2020/09/COVID-19-100-extra-days-in-SNF-OMHA-decision.pdf.

A note of caution about Medicare’s 1135 blanket waivers, providing flexibility under section 1812(f) of the Social Security Act: A PHE waiver that extends SNF benefits by up to 100 days does not appear to afford beneficiaries the same rights as the first 100 days of statutory coverage. In a letter written in response to a congressional inquiry about the issue, CMS noted that the benefit extension under the PHE is at the discretion of the facility. CMS stated, “Our goal with these waivers is to provide flexibility for the wide variety of challenges that SNFs face during the pandemic. In such circumstances, blanket waivers allow facilities to apply provisions without the need to request them from CMS, thereby allowing SNFs to address very local and very specific challenges. If the SNF would like to cite and document…The SNF may choose to exercise that provision of the 1135 blanket SNF waiver…” The redacted CMS letter is at: https://medicareadvocacy.org/wp-content/uploads/2020/09/CMS-redacted-letter-re_-congressional-inquiry-PHE-100-day-waiver.pdf

Filed Under: Article Tagged With: alert, Skilled Nursing Facility, snf, Weekly Alert

Primary Sidebar

Easy Access to Understanding Medicare

The Center for Medicare Advocacy produces a range of informative materials on Medicare-related topics. Check them out:

  • Medicare Basics
  • CMA Alerts
  • CMA Webinars
  • Connecticut Info & Projects
  • Health Care Stories
  • Se habla Español

Sign Up for CMA Alerts

Jimmo v. Sebelius

Medicare covers skilled care to maintain or slow decline as well as to improve.

Improvement Isn’t Required. It’s the law!

Read more.

Medicare: Build Back Better

By prioritizing Medicare beneficiaries and the health systems that serve them, we can avoid drastic national consequences. The Center for Medicare Advocacy proposes a five-part plan that will make Medicare a bulwark against the worsening health and economic challenges facing the American people.

Learn more.

Latest Tweets

  • A powerful message about #LongTermCare from @LastWeekTonight with @iamjohnoliver explains the insufficient oversigh… https://t.co/iKp8Mi8WSU, 22 hours ago
@CMAorg

Footer

Stay Connected:

  • Contact Us
  • Sitemap
  • Products & Services
  • Copyright/Privacy

© 2021 · Center for Medicare Advocacy