Title

Whither the "Improvement Standard"? Coverage for Severe Brain Injury after Jimmo v. Sebelius

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

2016

ISSN

1073-1105

Publisher

American Society of Law, Medicine & Ethics

Language

en-US

Abstract

Over the past decade, neuroscience has further refined the categorization of disorders of consciousness, severe brain injuries ranging from coma to the vegetative and minimally conscious states. Improved bedside assessment and neuroimaging methods have created new opportunities to identify consciousness in patients formerly thought to be vegetative or unconscious, while emerging drugs and technologies have demonstrated that some of these minimally conscious patients may be amenable to emerging treatments. Yet, patients in the minimally conscious state (MCS) are frequently burdened by coverage denials for services, which often leave them without diagnosis, treatment, or rehabilitation appropriate to their condition.

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