EMPOWER Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4878 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4878

 To amend title XVIII of the Social Security Act to ensure appropriate 
supervision requirements for outpatient physical therapy and outpatient 
                         occupational therapy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2023

Mrs. Lesko (for herself and Ms. Kuster) introduced 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 ensure appropriate 
supervision requirements for outpatient physical therapy and outpatient 
                         occupational therapy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enabling More of the Physical and 
Occupational Workforce to Engage in Rehabilitation Act'' or the 
``EMPOWER Act''.

SEC. 2. ENSURING APPROPRIATE SUPERVISION REQUIREMENTS FOR OUTPATIENT 
              PHYSICAL THERAPY AND OUTPATIENT OCCUPATIONAL THERAPY.

    (a) In General.--
            (1) Payment.--Section 1834(v)(1) of the Social Security Act 
        (42 U.S.C. 1395m(v)(1)) is amended in the second sentence by 
        inserting ``, but in no case shall the Secretary impose a 
        supervision requirement on such services that is different than 
        any such requirement under applicable State law'' before the 
        period at the end.
            (2) Definition.--Section 1861(p) of the Social Security Act 
        (42 U.S.C. 1395x(p)) is amended in the first sentence of the 
        flush left text following paragraph (4)(B) by inserting ``, but 
        in no case may those conditions impose a supervision 
        requirement that is different than any such requirement under 
        applicable State law'' after ``as the Secretary may find 
        necessary''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2024.
    (b) Implementation.--Notwithstanding any other provision of law, 
the Secretary may implement the provisions of, and the amendments made 
by, this section by program instruction or otherwise.

SEC. 3. GAO STUDY ON ACCESS TO THERAPY SERVICES IN RURAL AND 
              UNDERSERVED AREAS.

    Not later than December 31, 2024, the Comptroller General of the 
United States shall conduct an analysis of how the Medicare part B 15 
percent payment differential for services provided by occupational 
therapy assistants and physical therapy assistants has impacted access 
to occupational therapy and physical therapy services in rural and 
medically underserved areas, across all Medicare part B settings.
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