Federal Legislative Issues Update - Apr 2008
Washington Highlights
Congress continues to push through a cumbersome agenda to get to the Memorial Day recess. April was Occupational Therapy Month, and it did not disappoint. From testimony before Congress, introduction of new legislation, passage of important bills, the presentation of nearly a dozen policy sessions at AOTA’s 88th Annual Conference in Long Beach, CA, and the celebration of AOTPAC’s 30th Anniversary, the Public Affairs Division has been busy and successful on your behalf during OT month!
Medicare Legislation Still Pending
The short-term provisions addressing the therapy caps and fee schedule in the December bill must be addressed prior to June 30, 2008, or many of the provisions will be implemented on July 1, including an approximate 10% cut to the Medicare Physician Fee Schedule (MPFS) which reimburses for Medicare Part B outpatient therapy services, and the implementation of the therapy cap at $1,810.
These harmful provisions to providers and beneficiaries need grassroots action. Previous legislative fixes were a result of steadfast grassroots advocacy by AOTA members and other therapists. Contact your members of Congress today to urge their support of an 18-month extension of the therapy cap exceptions process and an 18-month update to the MPFS.
Go to the Legislative Action Center to send your members of Congress a form letter urging their support to avoid the pending therapy cap implementation. Form letters can be personalized to tailor your message specific to your interest. Connect with your members today!
Recent discussions on the Medicare package being considered by the Senate have focused on the chamber scheduling floor time in mid-May to early June. Members of Congress in the House of Representatives have indicated that the Children’s Health and Medicare Protection Act of 2007 (CHAMP Act) that passed the House in July 2007 will reflect their position on Medicare, and will be looking to the Senate to act first to compromise on Medicare provisions in order to pass something before June 30, 2008.
Home Health Legislation Introduced in the House
On April 3, Representative John Lewis (D-GA) introduced the Medicare Home Health Flexibility Act of 2008. The legislation would allow occupational therapists to open cases and conduct the initial comprehensive assessment for Medicare home health beneficiaries when occupational therapy is included in the physician’s order along with a qualifying service. This change would raise the profile of occupational therapy in home health and give agencies greater flexibility to use the most appropriate skilled service to conduct the initial assessment. Congressman Lewis, who is a senior majority member of the Ways & Means Committee (which has jurisdiction over health care issues) made introductory remarks in support of the legislation and pledged to work closely with AOTA and the National Association of Home Care and Hospice (NAHC) to “enact this legislation so that home health agencies can better manage their staff and better meet the needs of Medicare patients.”
Capitol Hill Days—Make Your Plans Now!
With pending Medicare legislation under discussion, AOTA has planned for a Virtual Hill Day on Tuesday, May 20 to highlight issues of interest in the Medicare package.
Participants will be calling, and sending e-mails, letters, and faxes to Capitol Hill to express the need to pass legislation NOW to stop the therapy cap from returning without exceptions and to prevent the proposed10% cut in the MPFS.
Plan now, and recruit clients and colleagues to join you. Forward information on this Virtual Hill Day to others who will advocate for action on the therapy cap and fee schedule.
Go to the AOTA Legislative Action Center to learn more about what you can do to participate on May 20.
Annual Capitol Hill Day Scheduled
AOTA has scheduled the 2008 AOTA Capitol Hill Day for Monday, September 22. Make your plans now to be in Washington, DC, on September 22 to participate in a day full of advocacy events that will include meeting with your members of Congress and/or their staff.
AOTA will begin asking for RSVPs by July. Continue to watch the AOTA Legislative Action Center for further information. Feel free to contact AOTA’s Federal Affairs office with any questions or comments at fad@aota.org.
AOTA Testifies before the House Veterans’ Affairs Committee
On April 1, 2008, immediate past AOTA PresidentCarolyn Baum, PhD, OTR/L, FAOTA, testified before the House Veterans’ Affairs Subcommittee on Health during its hearing titled, Post Traumatic Stress Disorder (PTSD) Treatment and Research: Moving Ahead Toward Recovery. Dr. Baum highlighted the unique role of occupational therapy in the assessment and treatment of people with PTSD and also took the opportunity to educate members of the subcommittee on contributions of occupational therapy across the profession’s full scope of practice. AOTA’s testimony was well received by the committee, and AOTA was asked to participate in an upcoming briefing related to PTSD for military officers in military health support systems. AOTA will continue to work with Congress, the Department of Veterans’ Affairs, and our members in the VA and military to improve services to veterans and service members.
Falls Legislation Signed into Law
On April 23, President Bush signed the Safety of Seniors Act into law (Public Law 110-202). AOTA has been one of the leading advocates for passage of this legislation. The Safety of Seniors Act, also known as the Keeping Seniors Safe from Falls Act, has been part of AOTA’s legislative agenda for several years and final passage marks a significant legislative victory. The legislation allows the Secretary of Health and Human Services to conduct research and evaluate programs that would reduce the incidence and public health burden of falls. Of particular interest to occupational therapy are training opportunities to teach other health care professionals about falls prevention strategies and to raise awareness about the problem that kills over 16,000 Americans a year and results in $19.2 billion dollars in health care costs. AOTA is also working with Congress on behalf of the Centers for Disease Control and Prevention’s (CDC’s) National Center for Injury Prevention and Control to increase appropriations that would be used by the CDC to improve its falls prevention activities.
Support Resolution Designating National Dysphagia Awareness Month
Representative Zach Wamp (R-TN) has introduced a resolution in the House of Representatives to express the sense of the Congress that a National Dysphagia Awareness Month should be established. The CDC estimates that a million people in the United States are diagnosed with dysphagia annually. According to the Agency for Healthcare Research and Quality, an estimated 60,000 Americans die annually from complications associated with dysphagia.
H.Con.Res. 195 would observe June 2008 as National Dysphagia Awareness Month to raise awareness about dysphagia and the need for early detection and treatment. This resolution would help health care providers and consumers learn more about a condition that is vastly underreported and not widely understood by the public.
Act now by contacting your members of Congress (two senators and one member of the House of Representatives), using the form letter provided in AOTA’s Legislative Action Center to urge their support by cosponsoring H.Con.Res. 195 to establish June 2008 as National Dysphagia Awareness Month.
Medicaid Moratorium Extension Passed by House of Representatives
In a powerful demonstration of bipartisan support, the House passed the Protecting the Medicaid Safety Net Act (H.R. 5613) sponsored by Representatives Dingell (D-MI) and Tim Murphy (R-PA). The bill extends a moratorium on seven regulations proposed by the Centers for Medicare & Medicaid Services (CMS) that would dramatically cut federal funding of the Medicaid program. The House passed the bill with a veto-proof 349 to 62 vote on the House floor and is expected to be taken up by the Senate soon. The bill will likely pass the Senate but might not obtain a veto-proof majority. AOTA has supported the bill because the regulations proposed by CMS exceed statutory authority and would shift the burden of Medicaid spending unfairly onto states, which would result in significant cuts to eligibility and services. The proposed narrowing of the definition of rehabilitation services and the elimination of reimbursement for school-based transportation and administrative claiming are the most problematic for AOTA because of their negative impact on people with mental illness or developmental disabilities, and children with disabilities. Watch AOTA’s legislative Action Center for updates and action alerts on this important issue.
Senate Passes Genetic Non-Discrimination Act: Clears Way for President’s Signature
On April 24, the Senate passed the Genetic Information Nondiscrimination Act (H.R. 493), clearing the way for the House to vote on minor technical corrections before it is sent to the president for his signature. After 13 years of negotiations, the House and Senate have finally agreed on principles that will prevent employers and insurers from denying coverage or charging more to people with a genetic disposition to disease. The legislation also bars employers from using individuals’ genetic information when making hiring, firing, job placement. or promotion decisions.
AOTA has been an active supporter of this legislation for years and is excited to share this victory with all occupational therapy practitioners and the clients they serve.
AOTA Leadership and Members Show Support of AOTPAC
AOTA's leaders, groups, and members answered the call to support AOTPAC by breaking records in participation and contributions during the AOTA 88th Annual Conference and Expo in Long Beach, CA.
Each member of AOTA’s Board of Directors contributed to AOTPAC, as did all members of the the Assembly of Student Delegates and the Representative Assembly. The Affiliated State Association Presidents (ASAP) and both the OT and OTA Program Director Education Councils also responded to the call, exceeding their previous year Conference participation.
The membership also contributed generously, and AOTPAC raised over $61,000 in Long Beach—more than doubling its goal of $30,000. This is a great start to AOTPAC's goal to raise $300,000 in 2008.
This success is record breaking for AOTPAC; however, it is a mere stepping stone to reaching the 2008 goal. It is vital for all of us to play a role in supporting AOTPAC with our contributions, to help the occupational therapy voice be heard. As members of AOTA, we have more impact and influence when we work together than when we work separately. You can maximize your contribution by acting now! With the balance of power up for grabs in the November elections, it is crucial to support the candidates who understand and support occupational therapy issues. Other competing interests are reaching into their pockets to support their candidates and voice their concerns. We cannot be absent from the table. If we do not stand up for occupational therapy, who will? Donations can be accepted online at http://www.aota.org/aotpac.
Do you have a grassroots advocacy story to tell? Do you know or have a connection to your Senators or Representatives? Contact AOTA’s Federal Affairs Department and share your experience! E-mail: fad@aota.org, Mail: PO Box 31220, Bethesda, MD 20824-1220, Telephone: 800-729-2682, or Fax: 301-652-7711.
Last Updated: 4/25/08