Home health: the homebound test and the skilled-need test
Checked against the current rules on January 1, 2010.
A home health denial almost always comes down to one of two specific tests: whether the patient is genuinely homebound, and whether they need skilled (not just custodial) care.
Source: Medicare Benefit Policy Manual Ch. 7 — Home Health Services (homebound §30.1, skilled need, Jimmo).
"Homebound" has a specific two-part test: leaving home takes considerable and taxing effort (because of illness or injury, or a supportive device/another person is needed), AND absences from home are infrequent, short, or for medical care.Patient Confined to the Home
Separately, the patient must need skilled nursing care or therapy on an intermittent basis — care that, by its nature, requires a nurse's or therapist's training to safely and effectively perform.Needs Skilled Nursing Care on an Intermittent Basis (Other than
Neither test asks whether the patient is expected to improve. Skilled care to maintain a condition or slow decline can satisfy the skilled-need test exactly as well as care aimed at improvement.CMS — Jimmo v. Sebelius Settlement Agreement (D. Vt., approved Jan. 24, 2013)
What this means for your appeal
A denial that says the patient "is able to leave home" without addressing HOW much effort that takes, and how often, and for what purpose, hasn't actually applied the real homebound test — the test is about effort and frequency, not a bare yes/no on physical capability.
A denial that says the patient "has plateaued" or "isn't progressing" is very often citing the exact standard the Jimmo settlement says isn't the real rule — worth naming that settlement directly in an appeal when this language appears.
The physician's documentation is almost always the deciding factor for both tests — specific facts about the effort required to leave home, and the specific skilled tasks being performed, carry far more weight than a general statement that home health "is needed."
"Infrequent and short" absences under the homebound test still allow for things like medical appointments, religious services, or an occasional special family event — the test doesn't require the patient to never leave home at all, just that leaving isn't routine and doesn't happen without real effort or assistance.
Both tests are reassessed periodically, not decided once and left alone — a family whose loved one's condition has changed since the last review should expect the documentation to be updated accordingly, since stale records are a common, avoidable reason for a later denial.
Sources — last checked January 1, 2010
- CMS — Jimmo v. Sebelius Settlement Agreement (D. Vt., approved Jan. 24, 2013)
- Needs Skilled Nursing Care on an Intermittent Basis (Other thanas of January 1, 2010
- Patient Confined to the Homeas of January 1, 2010
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