[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3978 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3978

  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.


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                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2010

  Mr. Johnson introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Home Health Flexibility Act 
of 2010''.

SEC. 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.
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