CMS makes Jimmo v. Sebelius clarification

The revisions in Transmittal 176 incorrectly indicated that skilled physical therapy services in the skilled nursing facility (SNF) setting must “…require the skills of a qualified therapist (not an assistant) for the performance of a safe and effective maintenance program.”

The regulations under 409.32(a) and (b) do not specify that an assistant cannot perform maintenance services in the SNF setting, unlike the home health and outpatient regulations which do make that distinction.

Therefore, this updated transmittal corrects that particular language to eliminate the phrase “(not an assistant)”.

All other information remains the same.

View Transmittal 179.