[Congressional Record Volume 152, Number 117 (Tuesday, September 19, 2006)]
[Senate]
[Page S9727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN (for himself, Mrs. Lincoln, Ms. Collins, Mr. Hatch, 
        and Mr. Talent):
  S. 3912. A bill to amend title XVIII of the Social Security Act to 
extend the exceptions process with respect to caps on payments for 
therapy services under the Medicare program; to the Committee on 
Finance.
  Mr. ENSIGN. I am pleased to introduce the Securing Effective and 
Necessary Individual Outpatient Rehabilitation Services Act, the 
SENIORS Act, to ensure that Medicare beneficiaries who rely on 
medically necessary therapy services continue to have access to the 
services they need. The bill would allow exceptions to therapy caps for 
certain medically necessary services in 2007.
  An exceptions process for Medicare patients who exceed the therapy 
cap was authorized in legislation last year. A Medicare patient may now 
obtain an exception if the service is deemed medically necessary and 
then receive covered therapy services above the cap. The exceptions 
process expires at the end of this year, so Congress must extend it for 
the 2007 calendar year.
  I started the fight to eliminate the annual cap on outpatient 
rehabilitation services in its entirety when I was in the House of 
Representatives. I brought this fight to the Senate where I introduced 
legislation to completely repeal the annual Medicare cap on 
rehabilitation therapy services. I recognize that a complete repeal is 
not politically or financially viable at this time. However, an 
extension of the exceptions process should be possible.
  Action is needed to address the therapy caps this year. This is not a 
Republican issue or a Democrat issue. At its heart, this issue is a 
patient issue. Forty-four of my Senate colleagues have joined me in 
legislation to repeal the therapy caps once and for all. In addition, 
almost 260 of members of the United States House of Representatives and 
more than 40 groups representing patients and providers support 
legislation efforts to repeal the caps or extend the current exceptions 
process. And, in May of this year, 47 Senators signed a letter to 
Senate leadership urging an extension of the exceptions process 
authorized in the Deficit Reduction Act beyond its current expiration 
of January 1, 2007.
  Ensuring access to needed outpatient physical therapy, occupational 
therapy and speech language pathology services for Medicare 
beneficiaries in a fiscally responsible manner is essential. Denying 
access by an arbitrary cap will only shift costs as patients will delay 
rehabilitation, seek more costly interventions, or be admitted 
inpatient settings.
  As a member of th1e Senate Budget Committee, I realize the serious 
budgetary constraints that are upon Congress. I also understand that we 
need to prioritize spending. I believe that extension of the exceptions 
process beyond 2006 should be a priority. I look forward to working 
with my colleagues to ensure that senior citizens continue to have 
access to high-quality rehabilitation services.
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