Certified New Jersey Elder Law Attorneys

McHugh & Macri
Certified Elder Law Attorneys Serving New Jersey Residents since 1978.
Call 973-577-6010 For a Free Initial Consultation “Fee Free” Consultation

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NAELA National Academy of Elder Law Attorneys, Inc. MEMBER

The Impact of an Incorrect Divisor

1) In November 2012, CMS settled a lawsuit brought by the Medicare Advocacy Center to rectify a longstanding error whereby rehab and therapy facilities discontinued Medicare coverage if the patient had "plateaued" by achieving the maximum rehab potential. The correct standard has always been and this settlement reinforced that if elimination of rehab and therapy would cause the patient to "regress" from the level attained then Medicaid rehab and therapy would continue. A copy of a New York Times article which discusses this ruling is attached.

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McHugh & Macri
49 Ridgedale Avenue 
Suite 1
East Hanover, NJ 07936
Phone: 973-577-6010
Fax: 973-887-6237
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