I 112th CONGRESS 1st Session H. R. 2468 IN THE HOUSE OF REPRESENTATIVES July 8, 2011 Mr. Boustany (for himself and Mr. Lewis of Georgia) 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 professional to conduct the initial assessment visit and complete the comprehensive assessment 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 2011.

2.

Permitting home health agencies to assign the most appropriate skilled professional to conduct the initial assessment visit and complete the comprehensive assessment under a Medicare home health plan of care for rehabilitation cases

(a)

In general

Notwithstanding paragraphs (a)(2) and (b)(3) of section 484.55 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 professional to conduct the initial assessment visit and to complete the comprehensive assessment 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 the skilled service (for which such therapist is qualified to provide the service) is initially ordered by the physician and, in the case of a referral order that includes occupational therapy, the order also includes physical therapy or speech language pathology. (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.