In recent months, the Department of Health and Human Services has faced a series of judicial challenges regarding its statutory and regulatory authority to deny coverage to Medicare beneficiaries for therapy services based on the conclusion that the patient is medically stable and the services will not improve his or her condition, better known as the "Improvement Standard." On January 18, the Center for Medicare Advocacy Inc filed a lawsuit in the United States District Court in Vermont seeking to require Medicare to cover certain types of rehabilitative care, such as physical therapy, even when it is likely that there will be no "improvement" in the patient's condition. The Centers for Medicare and Medicaid Services (CMS) sought to address the issue in the Medicare Home Health Prospective Payment System Calendar Year 2011 final rule. CMS states that therapy coverage criteria always have been based on the inherent complexity of the service that the patient needs. As such, therapy has and will continue to be covered in the home health setting when the unique clinical condition of the patient requires the complex services, which can only be provided effectively and safely by a qualified therapist. APTA is carefully monitoring this issue and will provide more information on the association's work in this area in the coming weeks. Click here to read APTA's issue brief on the "Improvement Standard."