CMS Pub. 100-02, ch. 7, § 40.1.3

The law, at §1861(m) of the Act defines intermittent, for the purposes of §§1814(a)(2)

and 1835(a)(2)(A), as skilled nursing care that is either provided or needed on fewer than

7 days each week, or less than 8 hours each day for periods of 21 days or less (with

extensions in exceptional circumstances when the need for additional care is finite and

predictable.)

To meet the requirement for "intermittent" skilled nursing care, a patient must have a

medically predictable recurring need for skilled nursing services. In most instances, this

definition will be met if a patient requires a skilled nursing service at least once every 60

days. The exception to the intermittent requirement is daily skilled nursing services for

diabetics unable to administer their insulin (when there is no able and willing caregiver).

Since the need for "intermittent" skilled nursing care makes the patient eligible for other

covered home health services, the Medicare contractor should evaluate each claim

involving skilled nursing services furnished less frequently than once every 60 days. In

such cases, payment should be made only if documentation justifies a recurring need for

reasonable, necessary, and medically predictable skilled nursing services. The following

are examples of the need for infrequent, yet intermittent, skilled nursing services:

1. The patient with an indwelling silicone catheter who generally needs a catheter

change only at 90-day intervals;

2. The patient who experiences a fecal impaction (i.e., loss of bowel tone, restrictive

mobility, and a breakdown in good health habits) and must receive care to

manually relieve the impaction. Although these impactions are likely to recur, it

is not possible to pinpoint a specific timeframe; or

3. The blind diabetic who self- injects insulin may have a medically predictable

recurring need for a skilled nursing visit at least every 90 days. These visits, for

example, would be to observe and determine the need for changes in the level and

type of care which have been prescribed thus supplementing the physician or

allowed practitioner's contacts with the patient.

There is a possibility that a physician or allowed practitioner may order a skilled visit less

frequently than once every 60 days for an eligible beneficiary if there exists an

extraordinary circumstance of anticipated patient need that is documented in the patient's

plan of care in accordance with 42 CFR 409.43(b). A skilled visit frequency of less than

once every 60 days would only be covered if it is specifically ordered by a physician or

allowed practitioner in the patient's plan of care and is considered to be a reasonable,

necessary, and medically predictable skilled need for the patient in the individual

circumstance.

Where the need for "intermittent" skilled nursing visits is medically predictable but a

situation arises after the first visit making additional visits unnecessary, e.g., the patient is

institutionalized or dies, the one visit would be paid at the wage-adjusted LUPA amount

for that discipline type. However, a one-time order; e.g., to give gamma globulin

following exposure to hepatitis, would not be considered a need for "intermittent" skilled

nursing care since a recurrence of the problem that would require this service is not

medically predictable.

Although most patients require services no more frequently than several times a week,

Medicare will pay for part-time (as defined in §50.7) medically reasonable and necessary

skilled nursing care 7 days a week for a short period of time (2 to 3 weeks). There may

also be a few cases involving unusual circumstances where the patient's prognosis

indicates the medical need for daily skilled services will extend beyond 3 weeks. As

soon as the patient's physician makes this judgment, which usually should be made

before the end of the 3-week period, the HHA must forward medical documentation

justifying the need for such additional services and include an estimate of how much

longer daily skilled services will be required.

A person expected to need more or less full-time skilled nursing care over an extended

period of time, i.e., a patient who requires institutionalization, would usually not qualify

for home health benefits.