[Congressional Record (Bound Edition), Volume 153 (2007), Part 27]
[Senate]
[Page 36360]
[From the U.S. Government Publishing Office, www.gpo.gov]




         TIM JOHNSON INPATIENT REHABILITATION PRESERVATION ACT

  Mr. NELSON of Nebraska. Mr. President, I rise today to honor a dear 
friend and fellow Midwesterner who is close to each of us, South Dakota 
Senator Tim Johnson. After suffering a rare brain hemorrhage last year, 
Senator Johnson had a tall mountain to climb in his recovery. He worked 
hard and followed a rigorous rehabilitation regimen. The results are 
obvious. He has had an outstanding recovery--due in large part to his 
intense determination to get better, the support of his family and 
friends, and the quality rehabilitation care that he received--and 
continues to receive. Senator Johnson was able to return to the Senate 
earlier this year. It is a great honor to serve with Senator Johnson, 
and we are all grateful to have him back.
  As many know, we recognized Senator Johnson's outstanding recovery by 
renaming S. 543, legislation aimed at preserving access to 
rehabilitation hospitals the ``Tim Johnson Inpatient Rehabilitation 
Preservation Act of 2007.'' This legislation aimed to block 
implementation of a bureaucratic rule change that severely limits 
seniors' access to rehabilitation hospitals. Senator Johnson's recovery 
through rehabilitation treatment is an inspiration to many who have 
suffered from similar conditions and other brain injuries. The care 
that he received from his team at the National Rehabilitation Hospital 
was outstanding and their service was critical to his return to the 
Senate. I believe that it is crucial that we preserve access to similar 
rehabilitative care for many of America's senior citizens.
  Four years ago, the Centers for Medicare & Medicaid Services 
promulgated a new rule that would severely limit the types of 
rehabilitation treatments available to Medicare patients. The rule 
known as the ``75 percent rule'' would require rehab hospitals to 
ensure a certain percentage of patients fall into one of 13 specific 
diagnoses. That percentage was set to increase to 75 percent--forcing 
rehab hospitals to turn away patients and limit rehab services in their 
community. I know firsthand how harmful this can be, as my own mother 
faced inadequate care before finally receiving the rehabilitation 
services she desperately needed.
  The 75 percent rule was set to close the doors of rehabilitation 
hospitals and push seniors away from the care they desperately needed. 
As many of you know, I have been working with a number of my colleagues 
on an inpatient rehabilitation Medicare fix for the last several 
Congresses.
  Yesterday, the Senate passed the Medicare, Medicaid, and SCHIP 
Extension Act of 2007, which included our provision to freeze the 75 
percent rule compliance threshold permanently at 60 percent, ensuring 
rehabilitation hospitals have the flexibility to serve a variety of 
patients who desperately need quality rehabilitation treatment to 
restore their physical function and return home to their families and 
daily lives.
  Without our Nation's rehabilitation capacity, other Americans may not 
have access to the same kind of care that brought my close friend back 
to the Senate.
  I want to offer special thanks to Senator Johnson for lending his 
name to our efforts and putting a familiar face on the importance of 
rehabilitation care. I also want to thank Senators Baucus and Grassley, 
chairman and ranking member of the Finance Committee, as well as 
Senators Bunning, Stabenow, Snowe, Kerry, Schumer, and each of the 60 
cosponsors of the Tim Johnson Inpatient Rehabilitation Preservation Act 
of 2007. Their support was critical in pushing for a permanent fix to 
the 75 percent rule and provided those Americans who need 
rehabilitation treatment with a gift this holiday season--access to 
quality treatment and the hope for recovery.

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