Medicare Patient Choice Act introduced to expand access to therapy services

New bipartisan legislation would allow occupational therapy practitioners to opt-out of Medicare, empowering patient choice and expanding access to innovative models of care

Representatives Lloyd Smucker (R-PA) and Don Davis (D-NC) have introduced H.R. 4204, the Medicare Patient Choice Act, in the U.S. House of Representatives, a bipartisan bill that would allow occupational therapy practitioners (OTPs), physical therapists (PTs), speech-language pathologists (SLPs), audiologists, and chiropractors to opt-out of Medicare enrollment.

Currently, these therapy professionals are required by law to enroll in Medicare in order to treat Medicare beneficiaries, even if both the provider and the beneficiary would prefer to enter into a private contract. This restriction limits clients’ autonomy and prevents access to certain evidence-based interventions that fall outside of Medicare’s reimbursement structure. This change would align OTPs, PTs, and SLPs with physicians, psychologists, social workers, and other professionals who already have this flexibility.

The Medicare Patient Choice Act would enable therapy and qualified audiologists to be included among the list of healthcare clinicians who may opt out of Medicare and privately contract with beneficiaries.

Katie Jordan, Chief Executive Officer of the American Occupational Therapy Association said of the bill, “We welcome the introduction of the Medicare Patient Choice Act. This legislation takes a significant step forward in strengthening autonomy for beneficiaries, occupational therapy practitioners (OTPs), and other key healthcare professionals. By modernizing the outdated Medicare policy that currently does not allow OTPs, physical therapists, speech-language pathologists, audiologists, and chiropractors to opt-out of Medicare, this bill supports more flexible, innovative care models that better reflect the evolving needs of Medicare beneficiaries.”

The Medicare Patient Choice Act represents a growing, bipartisan effort to modernize Medicare and restore decision-making power to clients. AOTA is proud to be working in close partnership with a broad coalition of professional organizations to advance this critical legislation. By allowing therapy providers to opt out of Medicare, H.R. 4204 would open the door to more personalized, preventive, and community-based services—especially for clients whose needs are not fully met by traditional coverage. We commend Representatives Smucker and Davis for their leadership and look forward to working with our coalition partners and Congress to move this legislation forward.

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