I 111th CONGRESS 1st Session H. R. 1094 IN THE HOUSE OF REPRESENTATIVES February 13, 2009 Mr. Lewis of Georgia (for himself and Mr. Lincoln Diaz-Balart of Florida) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 ensure that home health agencies can assign the most appropriate skilled service to make the initial assessment visit for home health services for Medicare beneficiaries requiring rehabilitation therapy under a home health plan of care, based upon physician referral.

1.

Short title

This Act may be cited as the Medicare Home Health Flexibility Act of 2009.

2.

Permitting home health agencies to assign the most appropriate skilled service to make the initial assessment visit under a Medicare home health plan of care for rehabilitation cases

(a)

In general

Notwithstanding section 484.55(a)(2) of title 42 of the Code of Federal Regulations or any other provision of law, a home health agency may determine the most appropriate skilled service to make the initial assessment visit for an individual who is eligible for home health services under title XVIII of the Social Security Act but who does not require skilled nursing care as long as that skilled service is included as part of the plan of care for home health services for such individual. An occupational therapist may make the initial assessment visit in such a case if occupational therapy is included in such plan in the initial physician referral in conjunction with physical therapy or speech language pathology services. (b)

Rule of construction

Nothing in subsection (a) shall be construed to provide for initial eligibility for coverage of home health services under title XVIII of the Social Security Act on the basis of a need for occupational therapy.