In April 2020, the Centers for Medicare & Medicaid Services (CMS) temporarily allowed occupational therapists to open home health therapy cases as part of an emergency health rule (Bopp, 2020). This rule was to expire when the Public Health Emergency ends; however, on December 21, 2020 Congress passed their final bill of the year and revealed language from the Medicare Home Health Flexibility Act (H.R.3127/S.1725) allowing occupational therapists to continue to open cases after the emergency ends (Bopp, 2020). On December 27, 2020 the bill was signed into law. This is a major win for the OT profession, but we cannot get too comfortable yet; CMS must still issue a rule to make this provision effective. It is now our responsibility to continue to pay attention and ensure that the new rule is implemented by CMS within the year.

Also, when speaking with Andy Bopp, AOTA’s Senior Legislative Representative, he informed the reader that the bill does NOT change the current statute which does NOT allow OT to qualify someone for the Medicare home health benefit, meaning OT cannot be the only service ordered for a Medicare home health patient.

So, this is definitely a step in the right direction for the occupational therapy profession, but we will have to continue to advocate for the value and the skill set occupational therapists have in the home health therapy setting.