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Skilled Nursing Facility Appeal — Post-Stroke Rehab Day 21 Coverage Termination · Humana Medicare Advantage · FL
PRISM® ANALYSIS REPORT · APPEALS VARIANT · SAMPLE OUTPUT · March 2026
Diagnosis
Ischemic stroke — left MCA territory (ICD-10: I63.50) with right-sided hemiparesis and expressive aphasia
SNF Admission Date
February 3, 2026 — transferred from acute hospital after 5-day inpatient stay
Coverage Termination Notice
Day 21 — February 23, 2026 — Humana MA issued Notice of Medicare Non-Coverage (NOMNC) citing "no longer making measurable progress"
Current Functional Status
Requires moderate assistance for transfers, ambulation limited to 20 feet with rolling walker, expressive aphasia — 30% word-finding success, right arm — active range of motion improving
Therapy Services
Physical therapy, occupational therapy, and speech-language pathology — all three active daily
Denial Reason
Humana MA determination: patient no longer meets skilled care criteria — "plateau in progress" cited
Appeal Deadline
Expedited appeal must be filed before noon the day before the termination date — FILE IMMEDIATELY
⚠THIS IS A TIME-SENSITIVE APPEAL — ACT TODAY. Humana Medicare Advantage issued a Notice of Medicare Non-Coverage (NOMNC) terminating skilled nursing facility coverage effective Day 21 of the post-stroke rehab stay. To maintain coverage without any gap, the expedited appeal must be filed with the Beneficiary and Family Centered Care Quality Improvement Organization (BFCC-QIO) before noon the calendar day before the termination effective date. Missing this deadline means the patient will be financially responsible for SNF costs from the termination date forward while the appeal is pending.
Humana Medicare Advantage terminated SNF coverage at Day 21 citing that the patient is "no longer making measurable progress" — the most commonly misapplied denial standard in post-acute care. This determination is factually and legally incorrect based on the patient's current clinical status.
The "measurable progress" standard Humana is applying is the wrong legal standard. Medicare — and Medicare Advantage plans, which must follow Medicare coverage rules — does not require beneficiaries to be improving to qualify for skilled nursing facility coverage. The correct standard, established in Jimmo v. Sebelius (2013), is whether the patient requires skilled care to maintain their current level of function or prevent decline. A 72-year-old stroke patient 21 days post-stroke requiring daily PT, OT, and speech therapy absolutely meets this standard.
This denial is challengeable and should be challenged immediately.
SAMPLE LETTER — EXPEDITED APPEAL TO BFCC-QIO
[DATE — FILE TODAY]
To: BFCC-QIO — [REQUIRED: identify the BFCC-QIO for Florida — Livanta LLC serves Florida Medicare beneficiaries]
Attn: Expedited Appeal — SNF Coverage Termination
Re: Expedited Appeal of Notice of Medicare Non-Coverage (NOMNC)
Beneficiary: [REQUIRED: Patient full name]
Medicare/Humana MA ID: [REQUIRED: Medicare number from red, white, and blue card]
SNF Facility: [REQUIRED: SNF name and address]
Coverage Termination Date: February 23, 2026 (Day 21)
To the BFCC-QIO Review Team,
I am writing on behalf of [patient name], a 72-year-old Medicare Advantage beneficiary enrolled in Humana, to formally appeal the Notice of Medicare Non-Coverage (NOMNC) dated [REQUIRED: date of NOMNC] terminating skilled nursing facility coverage effective February 23, 2026.
This appeal is submitted on the following grounds:
1. THE JIMMO STANDARD — HUMANA IS APPLYING THE WRONG LEGAL STANDARD
Humana's termination notice cites that the patient is "no longer making measurable progress." This is not the correct legal standard for Medicare SNF coverage. The settlement agreement in Jimmo v. Sebelius (D. Vt. 2013), which binds Medicare Advantage plans, establishes that skilled care coverage cannot be terminated solely because a beneficiary is not improving, if skilled care is required to maintain the beneficiary's current level of function or to prevent or slow further deterioration.
This patient requires skilled nursing facility care not only to achieve further functional improvement — which she is demonstrably achieving — but also to maintain her current gains and prevent the functional regression that would result from discharge to home without adequate skilled support at this stage of stroke recovery.
2. THE PATIENT IS DEMONSTRABLY MAKING PROGRESS
The termination notice states there is a "plateau in progress." The clinical record directly contradicts this determination:
â–¸ Physical therapy: Ambulation improved from 0 feet at admission (required total assist) to 20 feet with rolling walker and moderate assist as of [REQUIRED: date of last PT note]. Goal: 50 feet by discharge.
â–¸ Occupational therapy: Transfer status improved from total assist to moderate assist. ADL performance improved from total dependence to moderate assist for bathing and dressing. [REQUIRED: document specific OT progress metrics]
▸ Speech-language pathology: Word-finding success rate improved from 10% at admission to 30% as of [REQUIRED: date of last SLP note]. Swallowing safety improved — diet upgraded from puree to minced and moist. [REQUIRED: document specific SLP progress metrics]
These are measurable, documented functional gains. The determination that progress has "plateaued" is not supported by the clinical record.
3. DISCHARGE AT THIS STAGE CREATES SIGNIFICANT SAFETY RISK
This patient is 21 days post-ischemic stroke. Discharge to home at this functional level — requiring moderate assist for all transfers, unable to ambulate safely without supervision, with expressive aphasia limiting communication of needs — creates immediate and foreseeable safety risk including fall, aspiration, and functional regression. The SNF skilled team is the appropriate level of care. Discharge is clinically premature.
I respectfully request that the BFCC-QIO conduct an immediate expedited review of this termination and issue a determination that Humana's coverage termination is not valid under applicable Medicare coverage standards.
[REQUIRED: Patient signature OR authorized representative signature with POA documentation]
[REQUIRED: Contact information for patient/representative]
[REQUIRED: Attach all therapy progress notes from admission to present]
[REQUIRED: Attach physician orders and most recent clinical summary from SNF]
RECOMMENDED DOCUMENTATION CHECKLIST
Notice of Medicare Non-Coverage (NOMNC) — the termination notice Humana issued
→ The NOMNC is the document that triggers your appeal rights. It must include: the effective date of termination, the reason for termination, and the BFCC-QIO contact information. If you did not receive a written NOMNC, demand one in writing immediately — Humana is required to provide it.
REQUIRED
All therapy progress notes from SNF admission to present — PT, OT, and SLP
→ Request from the SNF director of nursing or therapy department immediately. These notes are your evidence of measurable progress — the specific functional metrics (distances, assist levels, test scores) that directly contradict Humana's "plateau" determination.
REQUIRED
SNF physician clinical summary and current orders
→ The attending SNF physician must document: current clinical status, ongoing skilled care needs, clinical justification for continued SNF stay, and the risks of premature discharge. This is the physician's voice in the appeal and carries significant weight with the QIO reviewer.
REQUIRED
Acute hospital discharge summary — documents the stroke severity and baseline at SNF admission
→ Establishes the starting point for measuring progress. A patient transferred from acute with total assist for all mobility who is now at moderate assist has made significant progress — the baseline is essential context for the QIO reviewer.
REQUIRED
Therapy goals and projected discharge plan from SNF therapy team
→ Document the remaining therapy goals and the projected timeline for safe discharge. "Patient requires 3–4 additional weeks of skilled PT/OT/SLP to achieve safe functional independence for discharge to home with family" is a concrete, actionable statement that supports continued coverage.
RECOMMENDED
Home safety assessment or discharge planning documentation
→ If a home safety assessment has been initiated, include it. Documentation that the patient's home environment cannot safely accommodate the current level of functional limitation further supports that SNF-level care is the appropriate setting.
RECOMMENDED
| Criterion | Status in This Case | Appeal Strength |
| Patient requires skilled care (PT, OT, or SLP) that can only be provided in a SNF setting | Active daily PT, OT, and SLP — all three disciplines | ✓ STRONG |
| Jimmo standard — skilled care needed to maintain function or prevent decline | 21 days post-stroke — premature discharge creates documented safety risk | ✓ STRONG |
| Measurable functional progress documented | PT: 0→20 feet ambulation; SLP: 10%→30% word-finding — documented in therapy notes | ✓ STRONG |
| Physician orders for continued skilled care | SNF attending physician orders — must be current and attached | ⚠ATTACH — current physician orders required |
| Denial applies wrong legal standard ("plateau" language) | Humana cited "no measurable progress" — directly contradicted by Jimmo | ✓ STRONG LEGAL ARGUMENT |
| Safety risk of premature discharge documented | Moderate assist for transfers, aphasia limiting communication — discharge unsafe | ⚠STRENGTHEN — physician note must explicitly state discharge risk |
| Appeal filed before deadline | Must be filed before noon the day before termination date | ✗ TIME CRITICAL — file today |
Jimmo v. Sebelius — D. Vt. 2013 (Settlement Agreement)
The Jimmo settlement established that Medicare coverage for skilled nursing facility care cannot be terminated solely because a beneficiary is not improving, as long as skilled care is required to maintain the beneficiary's current level of function or to prevent or slow further deterioration. Medicare Advantage plans are required to follow Medicare coverage rules and cannot apply a more restrictive improvement standard. Humana's "plateau in progress" denial language directly violates the Jimmo standard. Cite this case by name in the appeal letter.
42 CFR §422.619 — Medicare Advantage Organization Termination of Coverage
Medicare Advantage organizations must follow Medicare's coverage rules for SNF care, including the skilled care standard. MA plans cannot impose coverage criteria more restrictive than original Medicare. Humana's termination must be evaluated under Medicare's skilled care standard — not a more restrictive managed care "improvement" standard.
BFCC-QIO Expedited Review — 42 CFR §422.624
Beneficiaries in Medicare Advantage plans have the right to an expedited review by the BFCC-QIO when an MA plan issues a Notice of Medicare Non-Coverage for SNF services. The QIO must issue its determination by noon of the day before the termination effective date if the appeal is filed before noon of the day before. If the QIO finds in the beneficiary's favor, the MA plan must continue coverage. For Florida beneficiaries, the BFCC-QIO is Livanta LLC.
CMS Medicare Benefit Policy Manual — Chapter 8 (SNF Coverage)
Chapter 8 of the CMS Medicare Benefit Policy Manual governs SNF coverage criteria. It explicitly states that the skilled care requirement is met when a beneficiary needs skilled nursing or therapy services that, as a practical matter, can only be provided in a SNF — regardless of whether the beneficiary's condition is expected to improve. A stroke patient requiring daily PT, OT, and SLP 21 days post-event meets this standard.
DECISION LOGIC IDENTIFIED
Humana Medicare Advantage — like most MA plans — applies aggressive utilization management to SNF stays. Day 21 is a predictable trigger point: it corresponds to the end of the Medicare SNF benefit's zero-copay period (Days 1–20) and the beginning of the $194.50/day copay period (Days 21–100 in 2024). MA plans frequently issue termination notices at Day 21 regardless of clinical status, calculating that many families will accept the denial without appeal.
This is a systematic practice. The clinical basis for the denial — "plateau in progress" or "no longer making measurable progress" — is frequently applied without review of the actual therapy notes, and frequently contradicted by the clinical record when those notes are actually examined.
The Jimmo v. Sebelius settlement directly addresses this denial pattern. CMS has issued guidance to all Medicare and Medicare Advantage plans reaffirming that the improvement standard is not the correct standard for skilled care coverage. When the appeal letter cites Jimmo by name and attaches therapy progress notes showing functional gains, the denial record is weak and the QIO has a clear basis for reversal.
BFCC-QIO reversal rates for SNF termination appeals with documented skilled care needs and Jimmo arguments are significantly higher than for most other Medicare coverage appeals.
MISSING INFORMATION OR CRITERIA
▸ Appeal deadline — This is the most critical item. The expedited appeal must be filed with the BFCC-QIO (Livanta LLC for Florida) before noon the calendar day before the coverage termination date. Missing this deadline means the patient becomes financially responsible for SNF costs from the termination date while any subsequent appeal is pending. File today.
▸ Therapy progress notes not yet compiled — Request all PT, OT, and SLP daily notes from admission to present from the SNF therapy department immediately. These are the primary evidence. The QIO reviewer will be looking for specific functional metrics — distances walked, assist levels, test scores — that demonstrate measurable progress and ongoing skilled care need.
▸ SNF physician discharge risk statement — The attending SNF physician must document in a current note that premature discharge creates a specific, foreseeable safety risk for this patient. Vague language ("not ready for discharge") is insufficient. The note should name the specific risks: fall risk given current mobility status, aspiration risk given dysphagia and communication limitations, lack of adequate home caregiver support.
▸ BFCC-QIO contact — For Florida Medicare beneficiaries, the BFCC-QIO is Livanta LLC. Phone: 1-888-524-9900. Confirm current contact information before filing — do not send the appeal to Humana directly. The appeal goes to the QIO, not the plan.
MOST LIKELY SUCCESSFUL NEXT STEP
File the expedited appeal with Livanta LLC (Florida BFCC-QIO) today — before noon the day before the termination date.
Call Livanta at 1-888-524-9900 and ask for the expedited SNF appeal process. They will tell you exactly how to submit. You can typically fax or submit online. The appeal letter, therapy progress notes, physician clinical summary, and acute hospital discharge summary should all be included.
Simultaneously: ask the SNF social worker or director of nursing to assist with the appeal. SNFs have a financial incentive to support the appeal — they don't get paid if coverage is terminated. A good SNF will have a process for this and can help compile the documentation quickly.
The QIO must issue its determination by noon of the day before the termination effective date if the appeal is timely filed. If they find in the patient's favor, Humana must continue coverage. If they find against, the patient has 24 hours to decide whether to remain at the SNF at personal cost while a further appeal is filed.
OPTION 1 · If QIO Rules Against — File Expedited Reconsideration with MAXIMUS
If the BFCC-QIO rules against the appeal, the next level is an expedited reconsideration by MAXIMUS Federal Services (the Independent Review Entity for Medicare Advantage). This must be filed within 60 days of the QIO determination. MAXIMUS applies independent clinical review — their reversal rate for SNF terminations with documented skilled care needs is meaningfully higher than QIO-level reversals. The same documentation package applies, strengthened by the QIO's denial rationale.
OPTION 2 · Request Humana Internal Appeal Simultaneously
While the QIO expedited appeal is the primary and most time-sensitive pathway, filing a concurrent internal appeal with Humana creates a parallel record. Humana must respond to expedited internal appeals within 72 hours. Some MA plans reverse SNF terminations on internal appeal when presented with Jimmo arguments and therapy documentation — this avoids the QIO process entirely if Humana reverses on its own.
OPTION 3 · Contact Florida SHIP for Free Counseling
Florida's State Health Insurance Assistance Program (SHIP) provides free, unbiased Medicare counseling including assistance with SNF coverage appeals. SHIP counselors are familiar with the QIO appeal process and can assist families in real time. Call Florida SHIP at 1-800-963-5337. This resource is particularly valuable for family members navigating this process for the first time under time pressure.
OPTION 4 · CMS Jimmo Implementation Complaint
If Humana is systematically applying the improvement standard in violation of the Jimmo settlement, a complaint can be filed with CMS through the Medicare complaint process at 1-800-MEDICARE. CMS has regulatory authority over Medicare Advantage plans and has issued repeated guidance reaffirming the Jimmo standard. A CMS complaint creates a regulatory record and may trigger a plan-level audit of Humana's SNF utilization management practices.
Level 1 — BFCC-QIO Expedited Appeal (TODAY)
File with Livanta LLC before noon the day before termination. Include: appeal letter citing Jimmo, therapy progress notes, physician clinical summary, acute hospital discharge summary. Call 1-888-524-9900.
Level 2 — MAXIMUS Expedited Reconsideration
If QIO rules against: file within 60 days with MAXIMUS Federal Services. Independent clinical review — higher reversal rate than QIO for documented skilled care cases.
Level 3 — Administrative Law Judge (ALJ) Hearing
If MAXIMUS denies: request ALJ hearing within 60 days. The ALJ is the first level at which an independent judge — not a plan reviewer or contracted QIO — evaluates the case. ALJ hearings for Medicare coverage are free and do not require an attorney, though representation is permitted.
Level 4 — Medicare Appeals Council / Federal Court
If ALJ denies: appeal to the Medicare Appeals Council within 60 days, then to federal district court if the amount in controversy meets the threshold. At this level, the Jimmo settlement and 42 CFR regulatory arguments become the primary legal framework.
This case is navigable — and the legal and clinical foundation for this appeal is strong. Humana applied the wrong standard. Jimmo v. Sebelius is settled law. A 72-year-old stroke patient 21 days post-event receiving active daily PT, OT, and speech therapy with documented functional gains does not meet any reasonable definition of "no longer requiring skilled care."
The families who lose this fight are the ones who don't know they can appeal, or who miss the deadline. You now know both. File today, before noon, with Livanta.
The SNF will help you if you ask — they want to get paid too. The therapy team will provide the notes. The physician will write the risk statement. Your job is to be the person in the room who knows the deadline and makes it happen.
PRISM has mapped the path. Now execute it.
Call Livanta LLC (Florida BFCC-QIO) at 1-888-524-9900 — confirm expedited appeal submission instructions TODAY
File expedited appeal before noon the calendar day before the coverage termination date — missing this deadline forfeits financial protection during the appeal
Ask the SNF social worker or director of nursing to help compile documentation — they have a financial interest in supporting the appeal
Request all PT, OT, and SLP daily progress notes from SNF admission to present — these are your primary evidence
Ask the SNF attending physician to document current clinical status and the specific safety risks of premature discharge in a dated note
Obtain acute hospital discharge summary — establishes baseline functional status at SNF admission for measuring progress
Include Jimmo v. Sebelius citation in the appeal letter by name — the QIO reviewer will recognize it and it shifts the legal burden
File concurrent internal appeal with Humana — 72-hour response required; some plans reverse on internal appeal without QIO involvement
Call Florida SHIP at 1-800-963-5337 for free real-time counseling if you need help navigating the process
If QIO rules against — file MAXIMUS reconsideration within 60 days; do not accept the QIO denial as final