The Fund for Access to Inpatient Rehabilitation late yesterday announced that the government will settle backlogged Medicare inpatient rehabilitation facility appeals, a central demand in the AHA’s successful litigation to tackle the overall Medicare appeals backlog. That decision requires the Department of Health and Human Services to report quarterly to the court on its progress on reducing the backlog of Medicare appeals at the Administrative Law Judge level. Settling IRF claims allows the government to come closer to meeting the goals it established and the court accepted to eventually eliminate the backlog entirely. FAIR filed several friend-of-the-court briefs in support of AHA that highlighted the effect of the ALJ backlog on IRFs and their patients.
 
Under the settlement, an IRF may elect to settle appeals filed by Aug. 31, 2018, that are still pending at one of the four administrative appeal levels on the settlement date if it settles all of its eligible claims. The Centers for Medicare & Medicaid Services will pay 69% of the net payable amount for most claims and 100% of the net payable amount for claims denied solely based on the patient not meeting the threshold of therapy time (the so-called Three-Hour Rule), or solely because the justification for group therapy was not documented in the medical record. CMS must pay within 180 days of a fully executed settlement agreement or interest will accrue.

Related News Articles

Headline
The application period has opened for hospitals to apply for the latest allocation of Medicare-funded graduate medical education residency slots under Section…
Headline
The Centers for Medicare & Medicaid Services has implemented an online form for providers to submit complaints regarding Medicare Advantage plans. A CMS…
Headline
Former AHA Board Member John “Jack” J. Lynch III and AHA President and CEO Rick Pollack have been announced as the 2026 recipients of the American College of…
Headline
The Centers for Medicare & Medicaid Services released a memo Dec. 16 announcing the agency’s intent to conduct a voluntary pilot in 2026, called the…
Headline
The Centers for Medicare & Medicaid Services Dec. 15 published the Measures Under Consideration List for 2025. These are measures that CMS is considering…
Headline
The Medicare Payment Advisory Commission Dec. 4 and 5 discussed draft payment update recommendations for 2027, which the commission will vote on in January.…