III 111th CONGRESS 2d Session S. 3978 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.

1.

Short title

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

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.