[Congressional Record Volume 161, Number 31 (Tuesday, February 24, 2015)]
[Senate]
[Pages S1076-S1077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself and Ms. Collins):
  S. 539. A bill to amend title XVIII of the Social Security Act to 
repeal the Medicare outpatient rehabilitation therapy caps; to the 
Committee on Finance.
  Mr. CARDIN. Mr. President, I rise in support of the Medicare Access 
to Rehabilitation Services Act, which I am introducing today with my 
colleague Senator Collins. This important bill repeals the monetary 
caps that limit Medicare beneficiaries' access to medically necessary 
outpatient physical therapy, occupational therapy, and speech-language 
pathology services.
  Limits on outpatient rehabilitation therapy services under Medicare 
were first imposed in 1997 as part of the Balanced Budget Act. The 
decision to impose limits on these services was not based on data, 
quality-of-care concerns, or clinical judgment--its sole purpose was to 
limit spending in order to balance the federal budget. Since 1997, 
Congress has acted over 12 times to prevent the implementation of the 
therapy caps through moratoriums and an exceptions process. While these 
short-term actions have provided necessary relief to our seniors, a 
long-term solution is essential to bring permanent relief and much-
needed stability for both patients and providers.
  We need a full repeal of the existing caps on physical therapy, 
occupational therapy, and speech-language pathology services. These 
annual financial caps limit services often needed after a stroke, 
traumatic brain injury, or spinal cord injury, or to effectively manage 
conditions such as Parkinson's disease, multiple sclerosis, and 
arthritis. Arbitrary caps on these vital Medicare outpatient therapy 
services are simply unacceptable. They also discriminate against the 
oldest and sickest Medicare beneficiaries, who typically require the 
most intensive therapy, and disadvantage Medicare beneficiaries who 
live in regions with higher health care costs.
  In a 2009 report issued by the Medicare Payment Advisory Committee, 
MEDPAC, it was estimated that the

[[Page S1077]]

therapy cap, if enforced without an exceptions process, could 
negatively impact 931,000 Medicare beneficiaries. Arbitrarily capping 
outpatient rehabilitation therapy services would likely cause some 
beneficiaries to delay necessary care, force others to assume higher 
out-of pocket costs, and disrupt the continuum of care for many seniors 
and individuals with disabilities.
  I urge my colleagues to join me and Senator Collins in supporting the 
Medicare Access to Rehabilitation Services Act to ensure that our 
seniors have access to the outpatient rehabilitation therapy services 
that they need.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 539

       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 Access to 
     Rehabilitation Services Act of 2015''.

     SEC. 2. OUTPATIENT THERAPY CAP REPEAL.

       Section 1833 of the Social Security Act (42 U.S.C. 1395(l)) 
     is amended by striking subsection (g).
                                 ______