• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Donate Now
  • Sign up for CMA’s weekly newsletter!

Center for Medicare Advocacy

Advancing Access to Medicare and Healthcare

  • Eligibility/Enrollment
  • Coverage/Appeals
    • Medicare Costs
    • Self Help Materials – Toolkits & More
  • Topics
    • Basic Introduction to Medicare
    • Medicare Costs
    • 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
    • CMA in the News
  • About Us
    • National Voices of Medicare Summit
    • Mission Statement
    • CMA FAQs
    • CMA Annual Impact Report
    • Personnel & Boards
    • The Center for Medicare Advocacy Founder’s Circle
    • Connecticut Dually Eligible Appeals Project
    • Community Outreach and Education Project (COEP)
    • National Medicare Advocates Alliance
    • CMA Webinars
    • Products & Services
    • Testimonials
    • Career, Fellowship & Internship Opportunities
    • Contact Us
  • Support Our Work
    • Donate Now
    • Build a Legacy with CMA
    • 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 for CMA’s weekly newsletter!

Judge Approves Settlement in Jimmo vs. Sebelius After Court Hearing

January 24, 2013

Print Friendly, PDF & Email

Completion of legal process for beneficiaries with long-term and chronic conditions 

January 24, 2013 – Mansfield, Conn. – The Center for Medicare Advocacy, along with its co-counsel Vermont Legal Aid are pleased that the Settlement Agreement in the Medicare Improvement Standard case, Jimmo v. Sebelius, was approved today at the conclusion of a scheduled fairness hearing, marking a critical step forward for thousands of beneficiaries nationwide. 

The plaintiffs joined with the named defendant, Secretary of Health and Human Services Kathleen Sebelius, in asking the federal judge to approve the settlement of the case. With only one written comment received, and no class members appearing at the fairness hearing to question the settlement, Chief Judge Christina Reiss granted the motion to approve the Settlement Agreement on the record, while retaining jurisdiction to enforce the agreement in the future, as requested by the parties.

“We are not surprised but are very pleased that the judge ruled the settlement is fair, reasonable and adequate,” said Gill Deford, Litigation Director of the Center for Medicare Advocacy. “This moment is a culmination of two years of hard work, in conjunction with partners and advocates, to ensure that those who need health services covered under the Medicare law are not denied based on an illegal, outdated rule of thumb.”

With the settlement now officially approved, the Centers for Medicare & Medicaid Services (CMS) is tasked with revising its Medicare Benefit Policy Manual and numerous other policies, guidelines and instructions to ensure that Medicare coverage is available for skilled maintenance services in the home health, nursing home and outpatients settings.  CMS must also develop and implement a nationwide education campaign for all who make Medicare determinations to ensure that beneficiaries with chronic conditions are not denied coverage for critical services because their underlying conditions will not improve.

“It is important to note that the Settlement Agreement standards for Medicare coverage of skilled maintenance services apply now – while CMS works on policy revisions and its education campaign,” said Judith Stein, Executive Director, Center for Medicare Advocacy. “We’ve been hearing from beneficiaries who are still being denied Medicare coverage based on an Improvement Standard. Coverage should be available now for people who need skilled maintenance care and meet any other qualifying Medicare criteria. This is the law of the land – agreed to by the federal government and approved by the federal judge. We encourage people to appeal should they be denied Medicare for skilled maintenance nursing or therapy because they are not improving.”   

For people needing assistance with appeals, the Center for Medicare Advocacy has self-help materials available on its website, www.medicareadvocacy.org.  This information can help individuals understand proper coverage rules and learn how to contest Medicare denials for outpatient, home health, or skilled nursing facility care.

“It is exciting to know that by this time next year, Medicare policies will clearly state that coverage for skilled maintenance nursing and therapy is available, and that a beneficiary’s access to coverage does not depend on the potential for improvement, but rather on the need for skilled care,” continued Stein.

To speak with a representative of the Center for Medicare Advocacy, please contact Lauren Weybrew at lweybrew@douglasgould.com or 914-833-7093. Learn more about the Center for Medicare Advocacy at www.medicareadvocacy.org

________________________

The Center for Medicare Advocacy, Inc., established in 1986, is a national nonprofit, nonpartisan organization that provides education, advocacy and legal assistance to help older people and people with disabilities obtain fair access to Medicare and necessary health care. The organization focuses on the needs of Medicare beneficiaries, people with chronic conditions, and those in need of long-term care. The organization is involved in writing, education, and advocacy activities of importance to Medicare beneficiaries nationwide.

Filed Under: Press Release Tagged With: litigation update, The Improvement Standard

Primary Sidebar

Easy Access to Understanding Medicare

The Center for Medicare Advocacy produces a range of informative materials on Medicare-related topics.
Sign Up for CMA's Free Newsletter
Register for CMA's Free Webinars

  • Medicare Basics
  • Medicare Reform
  • CMA Alerts
  • Fact Sheets & Issue Briefs
  • CMA Webinars
  • Connecticut Info & Projects
  • Health Care Stories
  • Se habla Español

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.

National Voices of Medicare Summit

With the many threats currently facing the Medicare program, now is the time to come together as allies and explore ways to advocate for comprehensive Medicare coverage, health equity, and quality health care. Drawing inspiration from real-life experiences and stories of beneficiaries and caregivers, we hope to share impactful discussions with you.

Learn more.

Center for Medicare Advocacy Follow 10,569 5,345

A national nonpartisan, nonprofit law organization working to advance access to comprehensive #Medicare coverage and quality #healthcare.

CMAorg
Retweet on Twitter Center for Medicare Advocacy Retweeted
pfcd avatar Partnership to Fight Chronic Disease (PFCD) @pfcd ·
13 May 2054359850524475418

A Choice We Must Make… While pushing down drug prices in the U.S. will almost certainly save money now, it comes at the cost… not just delays, but cuts in investment for new and existing treatments. @KennethThorpe @kjacny

Image for twitter card

Cheaper Drugs, Higher Healthcare Costs?

The Senate HELP committee held a hearing on April 16 about “making medicines more affordable”. Policymakers find ...

www.realclearhealth.com

Reply on Twitter 2054359850524475418 Retweet on Twitter 2054359850524475418 1 Like on Twitter 2054359850524475418 2 X 2054359850524475418
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
12 May 2054309522722701776

Register free:
https://medicareadvocacy.org/summit-2026/?utm_source=twitter&utm_medium=organic_social&utm_campaign=summit_2026&utm_content=may12_who_should_attend

This Summit is for advocates, attorneys, beneficiaries, providers, caregivers, researchers, policymakers, journalists, and anyone who cares about the future of Medicare.

Join CMA on May 20 for a free virtual conversation with national

Reply on Twitter 2054309522722701776 Retweet on Twitter 2054309522722701776 0 Like on Twitter 2054309522722701776 0 X 2054309522722701776
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
8 May 2052762406430859515

What does it mean to age well in America?

Join a free May 21 virtual screening of Aging in America: Survive or Thrive, the PBS documentary narrated by Martin Sheen and supported by our friends at @johnahartford.

The film explores aging, caregiving, ageism, affordability, and

Reply on Twitter 2052762406430859515 Retweet on Twitter 2052762406430859515 0 Like on Twitter 2052762406430859515 0 X 2052762406430859515
Retweet on Twitter Center for Medicare Advocacy Retweeted
alsadvocacy avatar ALS Advocacy @alsadvocacy ·
7 May 2052310376113492253

Image for twitter card

Glial cells reveal why some ALS cases progress slowly over decades

The core facilities of the Cibio Department of the University of Trento have all taken part in a study on amyo...

medicalxpress.com

Reply on Twitter 2052310376113492253 Retweet on Twitter 2052310376113492253 2 Like on Twitter 2052310376113492253 2 X 2052310376113492253
Load More

Footer

Stay Connected:

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

© 2026 · Center for Medicare Advocacy