Chuhak Chats & Tecson Tips: National Make-A-Will Month (Part 3)

August 24, 2023

Bryan Montana, Estate Planning attorney and one of Chuhak & Tecson’s attorneys concentrating in Elder Law, reminds us that August is National Make-A-Will Month. Join us for helpful information about wills and estate planning and explore topics that shed light on information that you should know and can use.

Understanding Medicare coverage for skilled care rehab

As you may already know, Medicare covers up to 100 days of rehab following a 3-day hospital stay. However, just because you were at the hospital for 3 days doesn’t mean Medicare will pay. Furthermore, even when Medicare does provide coverage, they rarely cover the entire 100 days.

Misconception #1: 3 days means 3 days?

In classic government fashion, 1+1+1 does not always equal 3. The problem is that some patients are labeled as “under observation,” meaning they are technically considered outpatients. The care they receive is often indistinguishable from inpatient care, but the 3-day clock hasn’t started. While a recent bipartisan bill aims to change this loophole, the current law often results in people facing the prospect of either paying $12,000/month or more out-of-pocket or foregoing the services they desperately need.

Misconception #2: Medicare stops paying when you stop improving

Before 2013, Medicare could cease coverage if a patient plateaued. However, the landmark case Jimmo v. Sebelius settlement clarified that Medicare is responsible for maintaining, or even slowing the decline of, a patient’s condition. So, even if improvement stalls, Medicare’s responsibility doesn’t. Sadly, some facilities still operate under the old rules, resulting in many people losing their Medicare coverage long before the 100-day limit (Case Study). For more information, check out Jimmo FAQ on

Empower yourself!  Knowledge is power. By familiarizing yourself with these nuances, you can ensure that you and your loved ones receive the full extent of care entitled by law.

Join us next when we’ll uncover the top 3 reasons to revisit your Will. 

For more information on wills, Medicare, elder law concerns and all estate planning questions, please contact one of Chuhak & Tecson’s Estate Planning or Elder Law attorneys who will be pleased to assist you.