Legislative Updates

While the media was focused on the 2016 presidential race and the Benghazi hearings – not to mention the World Series (GO ROYALS!) – ASHT Legislation and Reimbursement Division members were tracking federal legislation that could impact hand therapy practice or reimbursement if passed by the end of the year. Here is a rundown on the bills:
H.R.3762: Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015
This legislation repeals most of the ACA including the individual mandate, the employer mandate, the medical device excise tax and the Cadillac tax (tax on employee health insurance premiums and benefits). It was passed by a simple majority on October 23, 2015 (240 Republicans for, 189 bipartisan against). The next step is introduction and passage in the Senate. As of October 27, no Senate bill has been introduced. The bill returns healthcare to a “free market” system, so passage would impact all providers and subscribers by abolishing the state exchanges and leaving the healthcare marketplace “up for grabs.”
H.R.2948:  The Medicare Telehealth Parity Act of 2015
This legislation allows additional health professionals (PTs and OTs) eligibility to provide and receive reimbursement for telehealth services for Medicare beneficiaries.  This bill has 23 bipartisan cosponsors as of October 27, 2015.
S.313: Prevent Interruptions in Physical Therapy Act of 2015
This bill includes physical therapists in the list of providers eligible to utilize locum tenens arrangements under Medicare. Under locum tenens, a provider can bring in a substitute provider to cover their patients during their vacation or if they are out for a long illness and receive payment for the replacement providers’ services under Medicare, even if the replacement provider is not credentialed with Medicare or an employee of the practice. There are presently 27 bipartisan cosponsors. H.R.556, the identical House bill, has 79 bipartisan cosponsors.
S.539: Medicare Access to Rehabilitation Services Act of 2015
This bill would repeal the Medicare outpatient rehabilitation therapy caps. (Yes, it is still alive!) It was introduced in February 2015 and has yet to be assigned to a committee, which means it is unlikely it will receive a vote by the end of the year.  It has 32 bipartisan cosponsors. H.R.775 is the House version, and it has 179 bipartisan cosponsors
H.R.2342, S.1426: Physical Therapist Workforce and Patient Access Act
This legislation would authorize physical therapists to participate in the National Health Service Corps loan repayment program for serving in underserved and rural areas. The therapists would serve a two-year full-time clinical appointment or four-year half-time appointment in a community site or healthcare setting on the National Health Services Corps opportunities list in exchange for having a portion of their student loans paid back by the program. There are 56 bipartisan cosponsors in the House, and one in the Senate.
H.R.1707:  The Access to Frontline Health Care Act of 2015
This legislation directs the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program. This program would repay the student loans of eligible providers including OTs and PTs. In return, the provider commits to serving two years, providing therapy services in an underserved area.  Preference is given to applicants who have undertaken training or coursework in interdisciplinary studies. The HHS Secretary is also charged with determining which areas are frontline care scarcity areas with preference given to areas with a program of interdisciplinary healthcare or with demonstrated plans to create interdisciplinary approaches to community healthcare.
H.R.1650, S.1849: The Medicare Patient Empowerment Act
This legislation allows OTs and PTs to contract directly with Medicare beneficiaries for outpatient services without contracting directly with Medicare. The beneficiary would pay the provider, and the provider would supply the beneficiary with the necessary information so they could file a claim directly with Medicare. This legislation exempts the provider from having to credential with or bill Medicare (or participate in PQRS, FLR, etc.). There are 29 Republican House cosponsors, and four Senate Republican cosponsors. 
You can help! The text of these bills is available on https://www.govtrack.us. You can search by bill number and read the entire bill, as well as check the list of cosponsors to see if your senators or representatives have signed on to support the legislation. Let them know your position, either way! Starting a correspondence through your representative’s or senator’s website, following their tweets or subscribing to their newsletters will keep you informed of their position and give you a head start toward building a relationship, in preparation for the combined ASHT/AOTA Capitol Hill Day September 19, 2016, immediately following ASHT’s Annual Meeting.