Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act

Bill: 118-s-2459
Sponsor: full_name: Sen. Carper, Thomas R. [D-DE]
Introduced: 2023-07-25
Policy area: Health
Subjects: Congressional oversight

Government studies and investigations

Health care coverage and access

Health personnel

Home and outpatient care

Medicare

Rural conditions and development
Latest action: action_date: 2023-07-25
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2023-07-25
action_desc: Introduced in Senate
text: <p><b>Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act or the EMPOWER Act</b></p> <p>This bill prohibits the supervision requirements for physical therapy assistants and occupational therapy assistants for covered outpatient services under Medicare from being different from supervision requirements under state law. The Government Accountability Office must report on the impact of Medicare payment differentials for such services in rural areas.</p>

tv_txt: II 118th CONGRESS 1st Session S. 2459 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Carper (for himself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure appropriate supervision requirements for outpatient physical therapy and outpatient occupational therapy, and for other purposes.

1. Short title This Act may be cited as the Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act or the EMPOWER Act . 2. Ensuring appropriate supervision requirements for outpatient physical therapy and outpatient occupational therapy (a) In general (1) Payment Section 1834(v)(1) of the Social Security Act ( 42 U.S.C. 1395m(v)(1) ) is amended, in the second sentence (as amended by subsection (a)), by inserting , but in no case shall the Secretary impose a supervision requirement on such services that is different than any such requirement under applicable State law before the period at the end. (2) Definition Section 1861(p) of the Social Security Act, is amended, in the first sentence of the flush matter following subparagraph (4)(B), by inserting , but in no case may those conditions impose a supervision requirement that is different than any such requirement under applicable State law after as the Secretary may find necessary . (3) Effective date The amendments made this subsection shall take effect on July 1, 2024. (4) Implementation Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this subsection by program instruction or otherwise. (b) GAO study and report on access to therapy services in rural and underserved areas (1) Study The Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on how the 15 percent payment differential under section 1834(v) of the Social Security Act ( 42 U.S.C. 1395m(v) ) for services furnished by occupational therapy assistants and physical therapists assistants has impacted access to occupational therapy and physical therapy services in rural and medically underserved areas across all settings (2) Report Not later than December 31, 2025, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.