Medicare's policy on therapy is challenged

Five national health care advocacy groups are suing the federal government, saying Medicare benefits are being cut for people with Parkinson's disease, Multiple Sclerosis and stroke.  The class action lawsuit is the first to mount a broad challenge to a controversial Medicare policy requiring patients achieve demonstrable improvements in functioning to qualify for physical, speech or occupational therapy. 

The Center for Medicare Advocacy filed the lawsuit with Vermont Legal Aid, on behalf of the National Multiple Sclerosis Society, Parkinson's Action Network, Paralyzed Veterans of America, National Committee to Preserve Social Security and Medicare and the American Academy of Physical Medicine and Rehabilitation.

Under current law, Medicare is obligated to provide therapy that is "reasonable and necessary for the diagnosis and treatment of illness and injury."  The complaint states that if a patent's condition is stable, benefits can be reduced or the person found ineligible for the care.  The suit further contends the standard has never gone through an official federal rule-making process and is denying therapy to thousands of chronically ill Americans.

According to a spokesperson, the Department of Health and Human Services has not yet reviewed the complaint and will not comment until they've had an opportunity to do so.