{"id":695761,"date":"2026-06-10T14:33:13","date_gmt":"2026-06-10T14:33:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/695761\/"},"modified":"2026-06-10T14:33:13","modified_gmt":"2026-06-10T14:33:13","slug":"a-common-sense-fix-for-medicares-three-day-rule","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/695761\/","title":{"rendered":"A common-sense fix for Medicare\u2019s three-day rule"},"content":{"rendered":"<p>Angela Cole Westhoff is president and CEO of the Maine Health Care Association.<\/p>\n<p>When Medicare was created in 1965, it wisely recognized that older adults often need skilled nursing care after hospitalization. That\u2019s why Medicare requires the patient to spend at least three days in a hospital before covering the subsequent care in a skilled nursing facility. It\u2019s a straightforward policy designed to ensure patients get the care they need during their recovery and it has worked well for nearly six decades.<\/p>\n<p>But today, that system is being undermined by a loophole that results in patients and families having to choose between paying out of pocket for needed medical care or going without care.<\/p>\n<p>The problem is \u201cobservation status.\u201d Increasingly, hospitals are classifying patients as \u201cobservation status\u201d rather than \u201cinpatient,\u201d even when patients deemed on \u201cobservation\u201d spend three or more days in the hospital receiving the same level of care as inpatients. <\/p>\n<p>Under current Medicare rules, a patient who is labeled as observation status will not have their days in hospital count toward the three-day requirement. As a result, a patient can spend four, five or even six days in a hospital under observation, receive intensive medical care and still find themselves unable to access Medicare-covered care in a nursing facility after they are released from the hospital.<\/p>\n<p>The consequence? It forces older adults to decide between medical debt or skilled nursing care as part of a medically indicated recovery plan.\u00a0<\/p>\n<p>This problem is happening to older adults in Maine right now. A patient who spends five days in a hospital receiving IV therapy, wound care and cardiac monitoring under observation status doesn\u2019t qualify for Medicare coverage at a skilled nursing facility, even though they need that level of care. They either stay in an expensive hospital bed longer than necessary, potentially in a bed that could be used for another individual in need, or they attempt to go home without the professional, skilled support their condition requires.<\/p>\n<p>Recent\u00a0<a href=\"https:\/\/jamanetwork.com\/journals\/jamainternalmedicine\/article-abstract\/2844485#google_vignette\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">research<\/a>\u00a0from Brown University found that Medicare\u2019s three-day requirement, combined with the observation status loophole, has become \u201csuboptimal\u201d for patients needing skilled nursing after a hospital stay. The findings reveal serious concerns: this policy isn\u2019t improving outcomes. It\u2019s not making care safer or more efficient. Instead, it results in longer hospital stays, increased costs and no improvement in patient health. In fact, the data suggests it may be counterproductive.<\/p>\n<p>That\u2019s why I\u2019m grateful for Sen. Susan Collins\u2019 recent <a href=\"https:\/\/www.collins.senate.gov\/newsroom\/senators-collins-welch-introduce-bipartisan-bill-to-protect-seniors-from-high-cost-of-post-hospitalization-care\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">introduction of the\u00a0Improving Access to Medicare Coverage Act.<\/a> This bipartisan legislation would allow days spent under observation status to count toward Medicare\u2019s three-day minimum. It fixes a loophole without changing how hospitals operate or adding bureaucratic complexity. It simply recognizes that when a patient spends three days in a hospital receiving acute care, regardless of the billing classification, they should have access to the skilled nursing care that logically follows.<\/p>\n<p>Skilled nursing facilities across Maine are staffed by dedicated professionals who are passionate about caring for older and disabled adults. Our registered nurses, licensed practical nurses, physical therapists and other clinical staff provide medical care and compassionate support that helps patients heal faster and regain their independence.<\/p>\n<p>These are the caregivers who know their patients by name, celebrate their progress and are committed to helping them return to the people and activities they love. That personalized, compassionate approach to care accelerates recovery in significant and impactful ways. When patients transition from the acute care setting to our communities, they benefit from continuity, stability and the kind of individualized attention that transforms outcomes.<\/p>\n<p>It\u2019s time to recommit to what Medicare was designed to do: ensure our older adults get the right care, at the right time, in the right setting. The Maine Health Care Association calls on all members of Congress to support this legislation. It protects our seniors, honors the intent of Medicare and allows our nursing homes and assisted living communities to do what we do best: help Maine\u2019s older adults heal and thrive.<\/p>\n","protected":false},"excerpt":{"rendered":"Angela Cole Westhoff is president and CEO of the Maine Health Care Association. When Medicare was created in&hellip;\n","protected":false},"author":2,"featured_media":695762,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[59],"tags":[97,252,253],"class_list":["post-695761","post","type-post","status-publish","format-standard","has-post-thumbnail","category-health-care","tag-health","tag-health-care","tag-healthcare"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/695761","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=695761"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/695761\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/695762"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=695761"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=695761"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=695761"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}