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H.R. 7154, Outpatient Therapy Modernization and Stabilization Act

Summary

H.R. 7154, the Outpatient Therapy Modernization and Stabilization Act, was introduced in the House of Representatives on June 11, 2020 by Mr. Brendan F. Boyle of Pennsylvania and referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means. It amends title XVIII of the Social Security Act to improve Medicare beneficiary access to outpatient therapy services. Under section 2, the update to the single conversion factor is 0.0 percent for 2020, 1.0 percent for 2021, and 0.5 percent for 2022 and 2023. Section 4 would let enrolled physical therapists, occupational therapists and speech language pathologists furnish Medicare telehealth therapy services during an emergency period during 2020.

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Document type
Bills Bills 116Hr7154Ih Bills 116Hr7154Ih
Case
Bills Bills 116Hr7154Ih Bills 116Hr7154Ih

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“H.R. 7154, Outpatient Therapy Modernization and Stabilization Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7154ih-bills-116hr7154ih/, SHA-256 446b426a81b8f9400475a78a4c1075807255d8b764f41e66e5ba7f764bd40e30.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 7154
                                                                       To amend title XVIII of the Social Security Act to improve and ensure
                                                                           ongoing Medicare beneficiary access to outpatient therapy services, and
                                                                           for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                      JUNE 11, 2020
                                                                       Mr. BRENDAN F. BOYLE of Pennsylvania (for himself, Mr. BUCHANAN, Mr.
                                                                           MICHAEL F. DOYLE of Pennsylvania, Mr. PASCRELL, Mr. SOTO, Mrs.
                                                                           BEATTY, Ms. SHERRILL, Ms. BLUNT ROCHESTER, and Mr. RUSH) intro-
                                                                           duced the following bill; which was referred to the Committee on Energy
                                                                           and Commerce, and in addition to the Committee on Ways and Means,
                                                                           for a period to be subsequently determined by the Speaker, in each case
                                                                           for consideration of such provisions as fall within the jurisdiction of the
                                                                           committee concerned




                                                                                                                 A BILL
                                                                       To amend title XVIII of the Social Security Act to improve
                                                                          and ensure ongoing Medicare beneficiary access to out-
                                                                          patient therapy services, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Outpatient Therapy




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                                                                         5 Modernization and Stabilization Act’’.




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                                                                         1     SEC. 2. MODERATING ANNUAL MEDICARE REIMBURSE-

                                                                         2                             MENT CHANGES.

                                                                         3              (a) WAIVING CERTAIN RULES WITH RESPECT TO IM-
                                                                         4     PLEMENTATION OF ADJUSTMENTS OF RELATIVE VALUE

                                                                         5 UNITS FOR EVALUATION AND MANAGEMENT CODES.—
                                                                         6 Section 1848(c)(2) of the Social Security Act (42 U.S.C.
                                                                         7 1395w–4(c)(2)) is amended—
                                                                         8                        (1) in subparagraph (B)(ii)(II), by inserting
                                                                         9              after ‘‘Subject to clauses (iv) and (v)’’ the following:
                                                                       10               ‘‘and subparagraph (P)’’;
                                                                       11                         (2) in subparagraph (F), in the matter pre-
                                                                       12               ceding clause (i), by striking ‘‘The’’ and inserting
                                                                       13               ‘‘Subject to subparagraph (P), the’’; and
                                                                       14                         (3) by adding at the end the following new sub-
                                                                       15               paragraph:
                                                                       16                                  ‘‘(P)       EVALUATION                   AND           MANAGEMENT

                                                                       17                         CODES.—The                 Secretary shall not apply sub-
                                                                       18                         paragraph (B)(ii)(II) (relating to limitation on
                                                                       19                         annual adjustments in relative values) or sub-
                                                                       20                         paragraph (F) (relating to budget neutrality
                                                                       21                         adjustments) with respect to the implementa-
                                                                       22                         tion of adjustments of relative value units for
                                                                       23                         the evaluation and management codes described
                                                                       24                         in the final rule published by the Secretary in




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                                                                       25                         the Federal Register on November 15, 2019


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                                                                         1                        (84 Fed. Reg. 62568, 62847–62860), for 2021
                                                                         2                        and each subsequent year.’’.
                                                                         3              (b) INCREASE IN UPDATE FACTOR.—Paragraph (19)
                                                                         4 of section 1848(d) of the Social Security Act (42 U.S.C.
                                                                         5 1395w–4(d)) is amended to read as follows:
                                                                         6                        ‘‘(19) UPDATE FOR 2020 THROUGH 2025.—The
                                                                         7              update to the single conversion factor established in
                                                                         8              paragraph (1)(C) for 2020 and each subsequent
                                                                         9              year through 2025 shall be as follows:
                                                                       10                                  ‘‘(A) For 2020, 0.0 percent.
                                                                       11                                  ‘‘(B) For 2021, 1.0 percent.
                                                                       12                                  ‘‘(C) For 2022 and 2023, 0.5 percent.
                                                                       13                                  ‘‘(D) For 2024 and 2025, 0.0 percent.’’.
                                                                       14      SEC. 3. HELPING OUTPATIENT PROVIDERS THROUGH THE

                                                                       15                              COVID–19 PANDEMIC.

                                                                       16               (a) CLARIFICATION.—The third proviso of the third
                                                                       17 paragraph under the heading ‘‘Office of the Secretary—
                                                                       18 Public Health and Social Services Emergency Fund’’ in
                                                                       19 division B of the Coronavirus Aid, Relief, and Economic
                                                                       20 Security Act (Public Law 116–136) is amended by insert-
                                                                       21 ing ‘‘(including physicians, physical therapists, occupa-
                                                                       22 tional therapists, speech language pathology therapists,
                                                                       23 audiologists, psychologists, social workers, and any other




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                                                                       24 supplier enrolled through part B of the Medicare program
                                                                       25 under title XVIII of the Social Security Act (42 U.S.C.


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                                                                         1 1395 et seq.))’’ after ‘‘Medicare or Medicaid enrolled sup-
                                                                         2 pliers’’.
                                                                         3              (b) EFFECTIVE DATE.—The amendment made by
                                                                         4 subsection (a) shall take effect as if included in the enact-
                                                                         5 ment of the Coronavirus Aid, Relief, and Economic Secu-
                                                                         6 rity Act (Public Law 116–136).
                                                                         7     SEC. 4. MAKING APPROPRIATE THERAPY SERVICES ACCES-

                                                                         8                             SIBLE           THROUGH                THE        MEDICARE         TELE-

                                                                         9                             HEALTH PROGRAM.

                                                                       10               (a) MEDICARE BENEFICIARY ACCESS TO THERAPY
                                                                       11 SERVICES DURING NATIONAL HEALTH EMERGENCIES.—
                                                                       12                         (1) PERMITTING                      QUALIFIED THERAPISTS TO

                                                                       13               PROVIDE MEDICARE TELEHEALTH THERAPY SERV-

                                                                       14               ICES.—Notwithstanding any other provision of law,

                                                                       15               with respect to Medicare telehealth therapy services
                                                                       16               furnished on or after March 1, 2020, with respect to
                                                                       17               an emergency period during 2020, a physical thera-
                                                                       18               pist, an occupational therapist, or a speech language
                                                                       19               pathologist who is enrolled under the Medicare pro-
                                                                       20               gram under title XVIII of the Social Security Act
                                                                       21               (42 U.S.C. 1395 et seq.), or a facility that is partici-
                                                                       22               pating in such program, may furnish Medicare tele-
                                                                       23               health therapy services to Medicare beneficiaries




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                                                                       24               during such emergency period under the same terms
                                                                       25               and conditions as Medicare telehealth services may


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                                                                         1              be furnished by physicians or practitioners pursuant
                                                                         2              to the COVID–19 interim final rule.
                                                                         3                        (2) DEFINITIONS.—In this subsection:
                                                                         4                                 (A) COVID–19 INTERIM FINAL RULE.—
                                                                         5                        The term ‘‘COVID–19 interim final rule’’
                                                                         6                        means the interim final rule entitled ‘‘Medicare
                                                                         7                        and Medicaid Programs; Policy and Regulatory
                                                                         8                        Revisions in Response to the COVID–19 Public
                                                                         9                        Health Emergency’’ and published in the Fed-
                                                                       10                         eral Register by the Centers for Medicare &
                                                                       11                         Medicaid Services on April 6, 2020 (85 Fed.
                                                                       12                         Reg. 19230 et seq.).
                                                                       13                                  (B)         EMERGENCY                  PERIOD.—The             term
                                                                       14                         ‘‘emergency period’’ means the COVID–19
                                                                       15                         emergency period (as described in subsection
                                                                       16                         (g)(1)(B) of section 1135 of the Social Security
                                                                       17                         Act (42 U.S.C. 1320b–5)) or any other subse-
                                                                       18                         quent emergency period during 2020 with re-
                                                                       19                         spect to which an emergency declaration de-
                                                                       20                         scribed in subsection (g)(1)(A) of such section
                                                                       21                         is made.
                                                                       22                                  (C) FACILITY.—The term ‘‘facility’’ means
                                                                       23                         an agency, clinic, facility, hospital, and entity




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                                                                       24                         described in section 1833(a)(8) of the Social




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                                                                         1                        Security Act (42 U.S.C. 1395l(a)(8)) that fur-
                                                                         2                        nishes Medicare telehealth therapy services.
                                                                         3                                 (D) MEDICARE                       TELEHEALTH                  THERAPY

                                                                         4                        SERVICES DEFINED.—The term ‘‘Medicare tele-

                                                                         5                        health therapy services’’ means services identi-
                                                                         6                        fied by HCPCS codes 92507–92508, 92521–
                                                                         7                        92524, 92526, 92601–92604, 92607–92610,
                                                                         8                        92626–92627, 92630, 92633, 96105, 96125,
                                                                         9                        97110, 97112, 97116, 97129–97130, 97150–
                                                                       10                         97158, 97161–97168, 97530, 97535, 97542,
                                                                       11                         97750, 97755, 97760, and 97761–97763 (and
                                                                       12                         as subsequently modified by the Secretary of
                                                                       13                         Health and Human Services), and which may
                                                                       14                         be furnished to Medicare beneficiaries through
                                                                       15                         telehealth under section 1834(m) of the Social
                                                                       16                         Security Act (42 U.S.C. 1395m(m)) pursuant
                                                                       17                         to the COVID–19 interim final rule.
                                                                       18                                  (E)         OCCUPATIONAL                      THERAPIST.—The

                                                                       19                         term ‘‘occupational therapist’’ means a qualified
                                                                       20                         occupational therapist as that term is used in
                                                                       21                         section 1861(g) of the Social Security Act (42
                                                                       22                         U.S.C. 1395x(g)).
                                                                       23                                  (F)         PHYSICAL               THERAPIST.—The                 term




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                                                                       24                         ‘‘physical therapist’’ means a qualified physical
                                                                       25                         therapist as that term is used in section


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                                                                         1                        1861(p) of the Social Security Act (42 U.S.C.
                                                                         2                        1395x(p)).
                                                                         3                                 (G) SPEECH LANGUAGE PATHOLOGIST.—
                                                                         4                        The term ‘‘speech language pathologist’’ has
                                                                         5                        the meaning given the term ‘‘qualified speech-
                                                                         6                        language pathologist’’ in section 1861(ll)(4)(A)
                                                                         7                        of       the         Social          Security          Act        (42    U.S.C.
                                                                         8                        1395x(ll)(4)(A)).
                                                                         9                        (3) IMPLEMENTATION.—Notwithstanding any
                                                                       10               other provision of law, the Secretary of Health and
                                                                       11               Human Services may implement this subsection by
                                                                       12               program instruction or otherwise.
                                                                       13               (b) SERVICES FURNISHED BEGINNING IN 2021.—
                                                                       14                         (1) IN GENERAL.—Section 1834(m) of the So-
                                                                       15               cial Security Act (42 U.S.C. 1395m(m)) is amend-
                                                                       16               ed—
                                                                       17                                  (A) in paragraph (1)—
                                                                       18                                          (i) by striking ‘‘or a practitioner (de-
                                                                       19                                  scribed in section 1842(b)(18)(C))’’ and
                                                                       20                                  inserting ‘‘, a practitioner (as defined in
                                                                       21                                  paragraph (4)(E)), or a facility (as defined
                                                                       22                                  in paragraph (4)(G))’’; and
                                                                       23                                          (ii) by striking ‘‘individual physician




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                                                                       24                                  or practitioner’’ and inserting ‘‘individual
                                                                       25                                  physician, practitioner, or facility’’;


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                                                                         1                                 (B) in paragraph (2)—
                                                                         2                                         (i) in subparagraph (A)—
                                                                         3                                                  (I) by inserting after ‘‘located at
                                                                         4                                         a distant site’’ the following: ‘‘, or a
                                                                         5                                         facility that is a distant site,’’; and
                                                                         6                                                  (II) by striking ‘‘such physician
                                                                         7                                         or practitioner’’ and inserting ‘‘such
                                                                         8                                         physician, practitioner, or facility’’;
                                                                         9                                         and
                                                                       10                                          (ii) in subparagraph (C), by striking
                                                                       11                                  ‘‘as determined by the’’ and inserting ‘‘as
                                                                       12                                  determined by a’’;
                                                                       13                                  (C) in paragraph (3)(A)—
                                                                       14                                          (i) in the subparagraph heading, by
                                                                       15                                  striking ‘‘PHYSICIAN AND PRACTITIONER’’
                                                                       16                                  and inserting ‘‘PHYSICIAN, PRACTITIONER,
                                                                       17                                  AND FACILITY’’; and

                                                                       18                                          (ii) by striking ‘‘a physician or practi-
                                                                       19                                  tioner receiving payment’’ and all that fol-
                                                                       20                                  lows through the period and inserting ‘‘a
                                                                       21                                  physician, practitioner, or facility receiving
                                                                       22                                  payment under this subsection to the same
                                                                       23                                  extent as they apply to physicians, practi-




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                                                                       24                                  tioners, or facilities under such sections.’’;
                                                                       25                                  (D) in paragraph (4)—


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                                                                         1                                         (i) in subparagraph (A), by inserting
                                                                         2                                 before the period the following: ‘‘, or a fa-
                                                                         3                                 cility that furnishes a telehealth service to
                                                                         4                                 an eligible telehealth individual via a
                                                                         5                                 telecommuniciations system’’;
                                                                         6                                         (ii) in subparagraph (E), by inserting
                                                                         7                                 before the period at the end the following:
                                                                         8                                 ‘‘, and also includes, for purposes of this
                                                                         9                                 subsection, a physical therapist, an occupa-
                                                                       10                                  tional therapist, and a speech-language pa-
                                                                       11                                  thologist’’;
                                                                       12                                          (iii) in subparagraph (F)(i)—
                                                                       13                                                   (I) by striking ‘‘and office psychi-
                                                                       14                                          atry’’ and inserting ‘‘office psychi-
                                                                       15                                          atry’’; and
                                                                       16                                                   (II) by inserting before ‘‘, and
                                                                       17                                          any additional’’ the following: ‘‘, ther-
                                                                       18                                          apy services (identified as of April 1,
                                                                       19                                          2020,          by          HCPCS           codes       92507–
                                                                       20                                          92508, 92521–92524, 92526, 92601–
                                                                       21                                          92604, 92607–92610, 92626–92627,
                                                                       22                                          92630, 92633, 96105, 96125, 97110,
                                                                       23                                          97112, 97116, 97129–97130, 97150–




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                                                                       24                                          97158, 97161–97168, 97530, 97535,
                                                                       25                                          97542, 97750, 97755, 97760, and


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                                                                         1                                         97761–97763 (and as subsequently
                                                                         2                                         modified by the Secretary))’’; and
                                                                         3                                         (iv) by adding at the end the following
                                                                         4                                 new subpragraph:
                                                                         5                                 ‘‘(G) FACILITY.—The term ‘facility’ means
                                                                         6                        an agency, clinic, facility, hospital, and entity
                                                                         7                        described in section 1833(a)(8) of the Social
                                                                         8                        Security Act (42 U.S.C. 1395l(a)(8)) that fur-
                                                                         9                        nishes therapy services described in paragraph
                                                                       10                         (4)(F)(i).’’; and
                                                                       11                                  (E) by adding at the end the following new
                                                                       12                         paragraph:
                                                                       13                         ‘‘(9) TREATMENT OF TELEHEALTH THERAPY
                                                                       14               SERVICES.—The                    geographic requirements described
                                                                       15               in paragraph (4)(C)(i) shall not apply with respect
                                                                       16               to telehealth services that are therapy services de-
                                                                       17               scribed in paragraph (4)(F)(i).’’.
                                                                       18                         (2) EFFECTIVE DATE.—The amendments made
                                                                       19               by paragraph (1) shall take effect on the date of the
                                                                       20               enactment of this Act and apply to telehealth serv-
                                                                       21               ices furnished under the Medicare program on or
                                                                       22               after January 1, 2021.




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                                                                         1     SEC. 5. REDUCING UNNECESSARY PAPERWORK IN THE DE-

                                                                         2                             LIVERY OF THERAPY SERVICES.

                                                                         3              (a) IN GENERAL.—Section 1835(a) of the Social Se-
                                                                         4 curity Act (42 U.S.C. 1395n(a)) is amended by adding
                                                                         5 at the end the following new sentence: ‘‘The requirement
                                                                         6 for review of a plan of care described in paragraphs
                                                                         7 (2)(C)(ii) and (2)(D)(ii) for outpatient physical therapy
                                                                         8 or outpatient occupational therapy services or speech-lan-
                                                                         9 guage pathology services, respectively, for an individual
                                                                       10 under the care of a physician shall be deemed to be met
                                                                       11 if either of the following is included in the individual’s
                                                                       12 medical record: an order for such outpatient physical ther-
                                                                       13 apy or outpatient occupational therapy services or speech-
                                                                       14 language pathology services, as the case may be, signed
                                                                       15 by a physician under whom the individual is receiving care;
                                                                       16 or a certification of the individual’s plan of care signed
                                                                       17 by a physician under whom the individual is receiving
                                                                       18 care.’’.
                                                                       19               (b) CONFORMING AMENDMENT.—Section 1861(p) of
                                                                       20 the Social Security Act (42 U.S.C. 1395x(p)) is amended
                                                                       21 by adding at the end the following new sentence: ‘‘The
                                                                       22 requirement for review of a plan of care described in para-
                                                                       23 graph (2) for physical therapy services furnished to an in-
                                                                       24 dividual under the care of a physician (as so defined) shall




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                                                                       25 be deemed to be met if either of the following is included
                                                                       26 in the individual’s medical record: an order for such phys-
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                                                                         1 ical therapy services signed by a physician under whom
                                                                         2 the individual is receiving care; or a certification of the
                                                                         3 individual’s plan of care signed by a physician under whom
                                                                         4 the individual is receiving care.’’.
                                                                                                                                  Æ




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