Senate therapy champions reintroduce bill to make OT practitioners permanent telehealth providers in Medicare

Senators Steve Daines (R-MT) and Tina Smith (D-MN) have reintroduced the Expanded Telehealth Access Act (S.2880) which compliments HR3875, a bill introduced earlier in the House by Representatives Mikie Sherrill (D-NJ) and Diana Harshbarger (R-TN). This bill would enable occupational therapy practitioners (OTPs) to provide occupational therapy (OT) services to Medicare beneficiaries via telehealth beyond December 2024 when current waivers enacted by Congress expire. The legislation would permanently add occupational therapists and occupational therapy assistants as Medicare telehealth providers along with physical therapists and speech-language-pathologists which is essential as the Centers for Medicare & Medicaid Services (CMS) has indicated that it does not have the authority to do so on its own.

“Occupational therapy has long recognized the critical role environment plays in health and wellness, including the virtual environment. Waivers issued by CMS authorizing occupational therapy professionals to provide services to Medicare beneficiaries via telehealth illuminated the substantial impact occupational therapy can provide through the virtual environment. Not only did the waivers provide an opportunity for Medicare beneficiaries to receive effective occupational therapy intervention in new environments, but occupational therapy was able to actualize the use of telehealth to reduce or remove barriers to care,” said Alyson Stover, MOT, JD, OTR/L, BCP, President, American Occupational Therapy Association (AOTA). “AOTA champions the bi-partisan efforts of Senators Daines and Smith to ensure that the provision of occupational therapy delivered via telehealth will remain an option for Medicare beneficiaries on a permanent basis.”

Senator Daines notes that “in rural states like Montana, folks often have to drive long distances just to receive care. Expanded telehealth services help relieve this burden and give folks increased access to quality, affordable care. Now is not the time to cut back on these critical services, and I’ll keep working to ensure Montanans are able to see the providers they need.”

Senator Smith notes that “the pandemic showed us that telehealth services are a lifeline for patients across Minnesota who may otherwise not be able to access the health care they need.” She adds that “this legislation will ensure that patients who access physical and occupational therapists, audiologists, and speech language pathologists via telehealth can continue to get those services reimbursed permanently.”

OTPs were not eligible to provide services to Medicare beneficiaries via telehealth until Congress enacted, and CMS implemented, waivers in response to the Covid-19 pandemic. These public health emergency (PHE) waivers expired on May 11; however, after significant advocacy efforts, Congress had already enacted legislation that allowed OTPs and other therapy professionals to continue as Medicare telehealth providers through the end of 2024. AOTA engaged with CMS to clarify that these extended waivers apply in all settings where OT services are provided after the clear intention of the law was misinterpreted in some cases.

This rapid expansion of telehealth to deliver OT services during and after the PHE enabled OTPs to demonstrate the clear value of these services provided alone or in conjunction with in-person services. Telehealth has been especially beneficial for people in rural and other underserved areas and to those for whom travel to receive services was already a barrier to access, including people with disabilities.

OTPs have reported that telehealth has reduced cancellations and postponements while making it easier to connect with beneficiary caregivers. Of critical importance, telehealth “home tours” are a specific OT telehealth benefit that cannot be duplicated in a facility/office setting. OTPs report that telehealth has enabled in-home “video tours” to identify home safety issues that would never be identified by the patient in a facility/office setting. This can be crucial in preventing falls, addressing functional decline, and avoiding costly emergency room visits and hospital admissions which can reduce the cost of care.

AOTA members and occupational therapy advocates are encouraged to contact their Senators urging them to co-sponsor S.2880 by visiting AOTA’s Legislative Action Center using the button below. AOTA will continue to work with Congressional champions to ensure that occupational therapy is included when Congress addresses this issue.

Contact Congress and ask your legislators to co-sponsor S.2880 Today!


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