"APTA is pleased with the decision of the federal court to approve the final settlement in the class action 'Improvement Standard' lawsuit (Jimmo vs Kathleen Sebelius), which upheld the right of patients to continue to receive reasonable and necessary care to maintain their medical conditions and prevent or slow decline," says APTA President Paul A. Rockar Jr, PT, DPT, MS, in a statement issued today. "We look forward to working with the Centers for Medicare and Medicaid Services (CMS) and its contractors to ensure the appropriate and equitable application of patient care as outlined in the settlement. We believe this final settlement reinforces the fundamental right established in the Medicare statute that affords patients the right to receive the services necessary to treat their diagnoses or illnesses."

The final settlement directs CMS to revise its Medicare Benefits Policy Manual to set a maintenance coverage standard and launch a national educational campaign to explain the clarified benefit to its contractors, providers, and beneficiaries. "APTA is eager to serve as an active partner as the agency begins this work. Over the next several months, we will provide clinical and professional expertise to CMS to define appropriate treatment in accordance with our professional standards," Rockar says.

While CMS works to publicize changes and new resources, APTA will actively educate members on how to give appropriate care as defined by this final settlement.