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Will Medicare Pay for a Second Stay in a Nursing Home After the Resident Pays Privately for 60 Days?

Posted by Laura E. Stubberud | Jun 29, 2022 | 0 Comments

That is a good question. Unfortunately, as far as I can tell, as long as your mother is in the skilled nursing facility, she cannot trigger the 60-day break in in-patient status necessary to start a new spell of illness even though Medicare is not paying for her care. The Centers for Medicare and Medicaid Services provides that “a benefit period cannot end while a beneficiary is an inpatient (see §10.4.4) of an institution that meets the basic definition of a “SNF” at §1819(a)(1) of the Act, as discussed further in §10.4.3.2 below.” Here's a link to the entire document: https://www.cms.gov/regulations-and-guidance/guidance/manuals/downloads/ge101c03.pdf

For more on Medicare's limited nursing home coverage, click here.

About the Author

Laura E. Stubberud

Laura Stubberud has over two decades of experience in the practice of estate and family law in Nevada. After graduation from UCLA, she studied law at Southwestern University School of Law , graduating in 1992. With over 30 years of practice in Clark County, Nevada, Ms. Stubberud has substantial e...

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