I
104TH CONGRESS
1ST SESSION
H. R. 1746
To amend titles XVIII and XIX of the Social Security Act to permit coverage
of outpatient physical therapy services under the medicare and medicaid
programs without a physician’s referral, and to establish a Physical
Therapy Advisory Council in the Department of Health and Human
Services.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 1996
Mr. JEFFERSON introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend titles XVIII and XIX of the Social Security Act
to permit coverage of outpatient physical therapy services
under the medicare and medicaid programs without a
physician’s referral, and to establish a Physical Therapy
Advisory Council in the Department of Health and
Human Services.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. COVERAGE OF PHYSICAL THERAPY SERVICES
UNDER MEDICARE WITHOUT PHYSICIAN’S
REFERRAL.
(a) IN GENERAL.—
(1) SERVICES FURNISHED BY OR UNDER AR-
RANGEMENT
WITH
CLINICS
AND
OTHER
INSTITU-
TIONS.—Section 1861(p)(1) of the Social Security
Act (42 U.S.C. 1395x(p)(1)) is amended by insert-
ing before ‘‘and’’ the following: ‘‘without regard to
whether or not the individual is furnished the serv-
ices pursuant to a referral by the physician,’’.
(2) SERVICES
FURNISHED
BY
INDEPENDENT
PHYSICAL
THERAPISTS.—The second sentence of
section 1861(p) of such Act (42 U.S.C. 1395x(p)) is
amended by striking the period at the end and in-
serting the following: ‘‘, except that the Secretary
may not include in such conditions a provision limit-
ing coverage of such services to services furnished
pursuant to a referral by a physician.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to services furnished on or after
October 1, 1995.
SEC. 2. COVERAGE OF PHYSICAL THERAPY SERVICES
UNDER STATE MEDICAID PLANS WITHOUT
PHYSICIAN’S REFERRAL.
(a) IN GENERAL.—Section 1905(a)(11) of the Social
Security Act (42 U.S.C. 1396d(a)(11)) is amended by
striking the semicolon at the end and inserting the follow-
ing: ‘‘, without regard to whether or not the services are
furnished pursuant to a referral by a physician.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to calendar quarters beginning
on or after October 1, 1995.
SEC. 3. PHYSICAL THERAPY ADVISORY COUNCIL.
(a) ESTABLISHMENT.—There is hereby established in
the Department of Health and Human Services the Phys-
ical Therapy Advisory Council (hereafter in this section
referred to as the ‘‘Council’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Council shall consist of
individuals appointed by the Secretary of Health and
Human Services (hereafter in this section referred to
as the ‘‘Secretary’’), in such number as the Sec-
retary considers appropriate, who meet such criteria
as the Secretary may establish. Members shall serve
at the pleasure of the Secretary.
(2) DEADLINE FOR APPOINTMENT.—The Sec-
retary shall appoint the initial members of the Coun-
cil not later than October 1, 1995.
(3) NO COMPENSATION FOR SERVICES.—Mem-
bers of the Council shall serve without pay, but shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(c) DUTIES.—The Council shall advise the Secretary
on matters relating to the practice of physical therapy and
reimbursement for physical therapy services, and shall
conduct such studies and submit such reports as the Sec-
retary may require.
(d) ANNUAL REPORT
ON ACTIVITIES.—Not later
than March 1 of each year (beginning with 1997), the
Council shall submit a report to the Secretary describing
its activities during the previous year.
(e) NO TERMINATION.—Section 14(a)(2)(B) of the
Federal Advisory Committee Act (5 U.S.C. App.; relating
to the termination of advisory committees) shall not apply
to the Council.
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