[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Extensions of Remarks]
[Page E19]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE MEDICARE ACCESS TO REHABILITATION ACT OF 2009

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                          HON. XAVIER BECERRA

                             of california

                    in the house of representatives

                        Tuesday, January 6, 2009

  Mr. BECERRA. Madam Speaker, I rise today to introduce the Medicare 
Access to Rehabilitation Act of 2009 with Representatives Roy Blunt and 
Mike Ross. This important bill repeals the monetary caps that limit 
beneficiary access to medically necessary outpatient physical therapy, 
occupational therapy, and speech-language pathology services. Senators 
John Ensign and Blanche Lincoln are introducing this legislation in the 
Senate.
  To remove all uncertainty for Medicare beneficiaries about being able 
to receive the appropriate therapy, the bipartisan Medicare Access to 
Rehabilitation Act of 2009 creates a stable payment environment so that 
health professionals can focus on providing quality health care. 
Rehabilitation services provided by physical therapists, occupational 
therapists, and speech language pathologists are essential to assisting 
individuals reach their highest functional level possible and the 
monetary caps are inconsistent with this objective.
  A March 2008 Center for Medicare and Medicaid Services (CMS) study 
provided evidence that enforcement of the monetary caps could cause 
Medicare beneficiaries harm since it may require them to delay 
necessary medical care, force others to assume higher out-of-pocket 
costs, and disrupt the continuum of care for many seniors and 
individuals with disabilities. Specifically, the study provided data 
that the sickest patients who suffered from Parkinson's disease or who 
have multiple medical problems were most likely to exceed the monetary 
caps.
  Since inclusion of the caps in the Balanced Budget Act of 1997, both 
Democratic and Republican Congresses and administrations have 
interceded to prevent their implementation and enforcement citing the 
negative impact the caps would have on elderly patients' access to 
necessary services. Most recently, Congress extended through 2009 the 
existing medical exceptions process that gives the Secretary of Health 
and Human Services the authority to allow patients to exceed the 
monetary caps if deemed medically necessary.
  Madam Speaker, I urge my colleagues to continue ensuring that 
Americans have access to the highest quality physical therapy, 
occupational therapy, and speech and language pathology services by 
supporting this legislation.

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