118 HR 4878 IH: Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act U.S. House of Representatives 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 4878 IN THE HOUSE OF REPRESENTATIVES July 25, 2023 Mrs. Lesko (for herself and Ms. Kuster) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to ensure appropriate supervision requirements for outpatient physical therapy and outpatient occupational therapy.

1.

Short title

This Act may be cited as the Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act or the EMPOWER Act.

2.

Ensuring appropriate supervision requirements for outpatient physical therapy and outpatient occupational therapy

(a)

In general

(1)

Payment

Section 1834(v)(1) of the Social Security Act (42 U.S.C. 1395m(v)(1)) is amended in the second sentence by inserting , but in no case shall the Secretary impose a supervision requirement on such services that is different than any such requirement under applicable State law before the period at the end. (2)

Definition

Section 1861(p) of the Social Security Act (42 U.S.C. 1395x(p)) is amended in the first sentence of the flush left text following paragraph (4)(B) by inserting , but in no case may those conditions impose a supervision requirement that is different than any such requirement under applicable State law after as the Secretary may find necessary. (3)

Effective date

The amendments made by this subsection shall take effect on January 1, 2024. (b)

Implementation

Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise.

3.

GAO study on access to therapy services in rural and underserved areas

Not later than December 31, 2024, the Comptroller General of the United States shall conduct an analysis of how the Medicare part B 15 percent payment differential for services provided by occupational therapy assistants and physical therapy assistants has impacted access to occupational therapy and physical therapy services in rural and medically underserved areas, across all Medicare part B settings.