The Proposed/Draft LCD creates "Improvement Standards," in Direct Violation of Jimmo v. Sebelius:

Recent court actions have upheld the prohibition against “Improvement Standards” in Medicare policy. Medicare’s response to the settlement agreement was an acknowledgement that, “...there may also be specific instances where no improvement is expected but skilled care is, nevertheless, required in order to prevent or slow deterioration and maintain a beneficiary at the maximum practicable level of function ...” and that, “a beneficiary’s lack of restoration potential cannot, in itself, serve as the basis for denying coverage, without regard to an individualized assessment of the beneficiary’s medical condition and the reasonableness and necessity of the treatment...”