WASHINGTON, D.C.— U.S. Congresswoman Debbie Lesko (R-AZ-08) and Congresswoman Annie Kuster (D-NH-02), introduced the bipartisan Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation (EMPOWER) Act to increase Medicare access to physical and occupational therapy.

“Physical and occupational therapy services are an important part of treatment options for a variety of conditions. Americans deserve a health care system that works efficiently and effectively for them and gives them access to the treatments that they need,” said Congresswoman Lesko. “I’m grateful for the bipartisan coalition that is working together to improve our constituents’ access to these critical services.”

“Physical and occupational therapy are important parts of recovery for thousands of Medicare beneficiaries in New Hampshire and across the country – we must ensure these patients can access and afford the quality care they need,” said Congresswoman Annie Kuster. “I am proud to introduce this bipartisan legislation today to make it easier for Medicare beneficiaries in rural and medically underserved areas to recover, heal, and thrive.”

“The American Physical Therapy Association is grateful to Representatives Lesko and Kuster for their leadership on this bipartisan legislation to improve patient access to care, especially in rural and underserved areas,” said APTA President Roger Herr, PT, MPA. “According to an independent, non-partisan study published by the firm Dobson Davanzo & Associates, the cost savings this legislation will bring are projected to be as much as $271 million. The changes will also reduce administrative burden and provide helpful flexibilities for physical therapists in small businesses. Lastly, changing supervision requirement allows physical therapist assistants to practice at the top of their license, recognizing the valuable role they play in the health care system and providing critical support to therapy clinics.”

“I would like to thank Rep. Lesko and Rep. Kuster for introducing this important legislation, which recognizes the expertise and value of occupational therapy assistants,” said Alyson Stover, MOT, JD, OTR/L, BCP, President, American Occupational Therapy Association. “This legislation makes supervision requirements under Medicare consistent across practice settings and with state law, ending the unnecessarily strict requirement for occupational therapy assistants providing services in private practice. Occupational therapy assistants are a cornerstone to ensuring access to high quality occupational therapy services, especially in rural and medically underserved areas.”

“The introduction of the EMPOWER Act is an important milestone in ensuring physical and occupational therapy assistants can provide essential health care to Medicare patients in rural and medically underserved communities,” said Mark Kaufman, Founder and Executive Chairman of Athletico Physical Therapy. “The EMPOWER Act relieves supervision burdens on therapy assistants so that they can continue providing quality care in a timely manner that keeps our senior patients healthy and safe, all while driving significant cost savings. We are proud to partner with Congresswomen Lesko and Kuster, and we thank them for their leadership and action to protect patient access to therapy services.”

Medicare Part B currently requires that licensed physical therapy assistants (PTA) and occupational therapy assistants (OTA) only see patients with their licensed physical therapist or occupational therapist supervisors physically on site in the private practice setting. PTAs and OTAs are licensed or certified in all U.S. jurisdictions and are regulated by their state’s licensure board. Arizona state licensing laws allow supervisors to be located off-site or at other facilities and not at the same location.

Yet, despite PTAs and OTAs in private practice across other jurisdictions having the ability to practice under “general supervision,” Medicare still requires “direct supervision” for payment in this setting. This requirement contradicts state discretion in setting scope-of-practice policy and undermines access to physical therapy services for individuals in rural and underserved areas. This bill matches PTA and OTA supervision requirements for Medicare Part B patients to the state laws.

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