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R44512Health Policy

Medicare’s Skilled Nursing Facility (SNF) Three-Day Inpatient Stay Requirement: In Brief

Federal & State Law Editorial TeamLast reviewed: June 2016
June 2, 2016

Summary

Medicare beneficiaries are generally entitled to coverage for care they receive in a skilled nursing facility (SNF). However, Medicare beneficiaries can be liable for substantial cost sharing related to the care they receive in an SNF if that care is not preceded by a hospital inpatient stay of at least three days. On an increasing basis, however, Medicare beneficiaries are failing to meet this three-day inpatient stay requirement because they are receiving shorter inpatient hospital stays and overnight observation care as hospital outpatients, often for days at a time, which does not qualify for Medicare Part A-covered SNF care.

key terms: Medicare, SNF, hospital, outpatient observation, three day, three day inpatient, skilled nursing facility, post-acute care, 3-day inpatient stay requirement, Medicare Part A, Medicare Catastrophic Coverage Act (MCCA; P.L. 100-360), NOTICE Act (P.L. 114-42).

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Note: CRS reports are prepared for Members of Congress and their staffs. This summary is provided for informational purposes and does not constitute legal advice.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.