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.
Quotes from AOTA's Champions:
“Seniors should not be kept from their home health providers. Unnecessary barriers to home therapy services increase costs and leave seniors at risk. Enacting this bill will help to prevent delays by allowing occupational therapists to conduct the initial home health assessment and open therapy-only home health cases. We need to make care accessible for those who need it.” - Rep. Lloyd Doggett (D-TX), Chairman of the Ways and Means Health Subcommittee:
“Ensuring the health of our seniors begins with timely care. I’m encouraged that passage of the Medicare Home Health Flexibility Act will enhance the way we approach healthcare home services for patients in rural areas. Our bipartisan legislation will help ensure our seniors are quickly and comprehensively assessed in their homes in order to receive proper treatment.” - Sen. Todd Young (R-IN), Senate Finance Committee:
