Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act

Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act or the EMPOWER Act

This bill prohibits the supervision requirements for physical therapy assistants and occupational therapy assistants for covered outpatient services under Medicare from being different from supervision requirements under state law. The Government Accountability Office must report on the impact of Medicare payment differentials for such services in rural areas.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2459 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2459

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2023

  Mr. Carper (for himself and Mr. Barrasso) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


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

    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 (as 
        amended by subsection (a)), 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, is amended, in the first sentence of the flush matter 
        following subparagraph (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 this subsection 
        shall take effect on July 1, 2024.
            (4) Implementation.--Notwithstanding any other provision of 
        law, the Secretary may implement the provisions of, and the 
        amendments made by, this subsection by program instruction or 
        otherwise.
    (b) GAO Study and Report on Access to Therapy Services in Rural and 
Underserved Areas.--
            (1) Study.--The Comptroller General of the United States 
        (in this section referred to as the ``Comptroller General'') 
        shall conduct a study on how the 15 percent payment 
        differential under section 1834(v) of the Social Security Act 
        (42 U.S.C. 1395m(v)) for services furnished by occupational 
        therapy assistants and physical therapists assistants has 
        impacted access to occupational therapy and physical therapy 
        services in rural and medically underserved areas across all 
        settings
            (2) Report.--Not later than December 31, 2025, the 
        Comptroller General shall submit to Congress a report on the 
        study conducted under paragraph (1), together with 
        recommendations for such legislation and administrative action 
        as the Comptroller General determines appropriate.
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