Congressional Champions Introduce Bill OT Telehealth Providers

3/24/2021

Expanded Telehealth Access Act

Representatives Mikie Sherrill (D-NJ) and David McKinley (R-WV) reintroduced the Expanded Telehealth Access Act (H.R. 2168) on March 23. This bill would enable occupational therapy practitioners to provide occupational therapy (OT) services to Medicare beneficiaries via telehealth even after the current Public Health Emergency (PHE) expires. Legislation is essential because the Centers for Medicare & Medicaid Services (CMS) has indicated that it does not have the authority to extend the current PHE telehealth therapy provisions without Congressional action.

“Waivers issued by CMS to allow occupational therapists and occupational therapy assistants to provide services to Medicare beneficiaries via telehealth during the COVID-19 pandemic have demonstrated the effectiveness of occupational therapy delivered through telehealth and the importance of removing barriers to care,” said Wendy C. Hildenbrand, PhD, MPH, OTR/L, FAOTA, President of the American Occupational Therapy Association (AOTA). “AOTA champions the bi-partisan efforts of Representatives Sherrill and McKinley to insure that the provision of occupational therapy delivered via telehealth will remain an option for Medicare beneficiaries once the Public Health Emergency ends.”

Congressional champions

Representative Sherrill’s district includes Morristown, Parsippany, and other towns in northern New Jersey. “The use of telehealth services during this crisis has demonstrated the critical role technology can play in improving health equity,” said Rep. Sherrill. “Even now, as vaccinations are being distributed and the country begins to hope for a post-pandemic future, the value of telehealth networks has never been clearer. No one should have to go without care when a video or phone conversation with a health care provider could mean quicker, safer medical attention. I’m so proud to be reintroducing this crucial legislation that will help modernize our health care system and ensure quality care is more accessible to more people.”

Representative McKinley’s district covers northern West Virginia, including Wheeling and Morgantown. “During the COVID pandemic, healthcare providers adapted and provided telehealth services to serve the needs of millions of vulnerable Americans,” said Rep. McKinley. “Telehealth services have been beneficial to the health and well-being of America’s seniors and after the public health emergency ends, it’s crucial that critical access to telehealth does not abruptly end. This bill ensures seniors will continue to receive quality, accessible care now and after the pandemic.”

History of legislation

When the pandemic struck, Congress enacted legislation that enabled CMS to waive restrictions on occupational therapy practitioners’ and other therapy providers’ ability to provide Medicare services via telehealth. CMS responded by issuing an emergency rule that added a series of therapy CPT® codes to the telehealth services list, then subsequently issued another rule that included occupational therapy practitioners as eligible Medicare telehealth providers, once Congress enacted legislation allowing them to do so. This effectively enabled OTs to provide services via telehealth to Part B Medicare beneficiaries during the COVID-19 emergency; however, these waivers are not permanent.

In addition to H.R. 2168, the Telehealth Modernization Act (TMA) has also been reintroduced in the House and Senate (S.368/H.R.1332). The TMA would make permanent many of the provisions that are essential to enable all qualified health care practitioners to continue to provide services via telehealth in Medicare, including the removal of geographic and originating site restrictions. The TMA would also enable CMS to make the necessary changes to continue OT and other therapy access via telehealth for Medicare beneficiaries.

Because H.R. 2168 is the only bill specifically focused on therapy, it provides the opportunity to demonstrate Congressional support for the inclusion of therapy services under the Medicare telehealth benefit. To see this provision signed into law, we need the support of as many co-sponsors as possible. Please go to AOTA’s Legislative Action Center and ask your Representative to co-sponsor this legislation. AOTA will continue to work with Congressional champions to ensure that occupational therapy is included when Congress addresses this issue.