[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1746 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1746

  To amend titles XVIII and XIX of the Social Security Act to permit 
coverage of outpatient physical therapy services under the medicare and 
 medicaid programs without a physician's referral, and to establish a 
Physical Therapy Advisory Council in the Department of Health and Human 
                               Services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 1996

Mr. Jefferson introduced the following bill; which was referred to the 
  Committee on 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 titles XVIII and XIX of the Social Security Act to permit 
coverage of outpatient physical therapy services under the medicare and 
 medicaid programs without a physician's referral, and to establish a 
Physical Therapy Advisory Council in the Department of Health and Human 
                               Services.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COVERAGE OF PHYSICAL THERAPY SERVICES UNDER MEDICARE WITHOUT 
              PHYSICIAN'S REFERRAL.

    (a) In General.--
            (1) Services furnished by or under arrangement with clinics 
        and other institutions.--Section 1861(p)(1) of the Social 
        Security Act (42 U.S.C. 1395x(p)(1)) is amended by inserting 
        before ``and'' the following: ``without regard to whether or 
        not the individual is furnished the services pursuant to a 
        referral by the physician,''.
            (2) Services furnished by independent physical 
        therapists.--The second sentence of section 1861(p) of such Act 
        (42 U.S.C. 1395x(p)) is amended by striking the period at the 
        end and inserting the following: ``, except that the Secretary 
        may not include in such conditions a provision limiting 
        coverage of such services to services furnished pursuant to a 
        referral by a physician.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to services furnished on or after October 1, 1995.

SEC. 2. COVERAGE OF PHYSICAL THERAPY SERVICES UNDER STATE MEDICAID 
              PLANS WITHOUT PHYSICIAN'S REFERRAL.

    (a) In General.--Section 1905(a)(11) of the Social Security Act (42 
U.S.C. 1396d(a)(11)) is amended by striking the semicolon at the end 
and inserting the following: ``, without regard to whether or not the 
services are furnished pursuant to a referral by a physician.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to calendar quarters beginning on or after October 1, 1995.

SEC. 3. PHYSICAL THERAPY ADVISORY COUNCIL.

    (a) Establishment.--There is hereby established in the Department 
of Health and Human Services the Physical Therapy Advisory Council 
(hereafter in this section referred to as the ``Council'').
    (b) Membership.--
            (1) In general.--The Council shall consist of individuals 
        appointed by the Secretary of Health and Human Services 
        (hereafter in this section referred to as the ``Secretary''), 
        in such number as the Secretary considers appropriate, who meet 
        such criteria as the Secretary may establish. Members shall 
        serve at the pleasure of the Secretary.
            (2) Deadline for appointment.--The Secretary shall appoint 
        the initial members of the Council not later than October 1, 
        1995.
            (3) No compensation for services.--Members of the Council 
        shall serve without pay, but shall receive travel expenses, 
        including per diem in lieu of subsistence, in accordance with 
        sections 5702 and 5703 of title 5, United States Code.
    (c) Duties.--The Council shall advise the Secretary on matters 
relating to the practice of physical therapy and reimbursement for 
physical therapy services, and shall conduct such studies and submit 
such reports as the Secretary may require.
    (d) Annual Report on Activities.--Not later than March 1 of each 
year (beginning with 1997), the Council shall submit a report to the 
Secretary describing its activities during the previous year.
    (e) No Termination.--Section 14(a)(2)(B) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to the Council.
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