,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gaed ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjbj,mr4 ,brendan ,f4 ,boyle of ,pennsylvania 7for himself1 ,mr4 ,buchanan1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,mr4 ,pascrell1 ,mr4 ,soto1 ,mrs4 ,beatty1 ,ms4 ,sherrill1 ,ms4 ,blunt ,rochester1 and ,mr4 ,rush7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 improve and ensure ongoing ,medicare beneficiary access to outpatient therapy services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,outpatient ,therapy ,modernization and ,stabilization ,act4 #b4 ,moderating annual ,medicare reimbursement changes 7a7 ,waiving certain rules with respect to implementation of adjustments of relative value units for evaluation and management codes ,section #ahdh7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;c77#b77 is amended-- 7#a7 in subparagraph 7,b77ii77,,ii71 by inserting after ,subject to clauses 7iv7 and 7v7 the following3 and subparagraph 7,p72 7#b7 in subparagraph 7,f71 in the matter preceding clause 7i71 by striking ,the and inserting ,subject to subparagraph 7,p71 the2 and 7#c7 by adding at the end the following new subparagraph3 7,p7 ,evaluation and management codes ,the ,secretary shall not apply subparagraph 7,b77ii77,,ii7 7relating to limitation on annual adjustments in relative values7 or subparagraph 7,f7 7relating to budget neutrality adjustments7 with respect to the implementation of adjustments of relative value units for the evaluation and management codes described in the final rule published by the ,secretary in the ,federal ,register on ,november #ae1 #bjai 7#hd ,fed4 ,reg4 #fbefh1 #fbhdg-fbhfj71 for #bjba and each subsequent year4 4 7b7 ,increase in update factor ,paragraph 7#ai7 of section #ahdh7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;d77 is amended to read as follows3 7#ai7 ,update for #bjbj through #bjbe ,the update to the single conversion factor established in paragraph 7#a77;,c7 for #bjbj and each subsequent year through #bjbe shall be as follows3 7,a7 ,for #bjbj1 #j4j percent4 7,b7 ,for #bjba1 #a4j percent4 7,c7 ,for #bjbb and #bjbc1 #j4e percent4 7,d7 ,for #bjbd and #bjbe1 #j4j percent4 4 #c4 ,helping outpatient providers through the ,,covid-#ai pandemic 7a7 ,clarification ,the third proviso of the third paragraph under the heading ,office of the ,secretary--,public ,health and ,social ,services ,emergency ,fund in division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 is amended by inserting 7including physicians1 physical therapists1 occupational therapists1 speech language pathology therapists1 audiologists1 psychologists1 social workers1 and any other supplier enrolled through part ,b of the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq477 after ,medicare or ,medicaid enrolled suppliers4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if included in the enactment of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf74 #d4 ,making appropriate therapy services accessible through the ,medicare telehealth program 7a7 ,medicare beneficiary access to therapy services during national health emergencies 7#a7 ,permitting qualified therapists to provide ,medicare telehealth therapy services ,notwithstanding any other provision of law1 with respect to ,medicare telehealth therapy services furnished on or after ,march #a1 #bjbj1 with respect to an emergency period during #bjbj1 a physical therapist1 an occupational therapist1 or a speech language pathologist who is enrolled under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq471 or a facility that is participating in such program1 may furnish ,medicare telehealth therapy services to ,medicare beneficiaries during such emergency period under the same terms and conditions as ,medicare telehealth services may be furnished by physicians or practitioners pursuant to the ,,covid-#ai interim final rule4 7#b7 ,definitions ,in this subsection3 7,a7 ,,covid-#ai interim final rule ,the term ,,covid-#ai interim final rule means the interim final rule entitled ,medicare and ,medicaid ,programs2 ,policy and ,regulatory ,revisions in ,response to the ,,covid-#ai ,public ,health ,emergency and published in the ,federal ,register by the ,centers for ,medicare ,medicaid ,services on ,april #f1 #bjbj 7#he ,fed4 ,reg4 #aibcj et seq474 7,b7 ,emergency period ,the term emergency period means the ,,covid-#ai emergency period 7as described in subsection 7g77#a77;,b7 of section #aace of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e77 or any other subsequent emergency period during #bjbj with respect to which an emergency declaration described in subsection 7g77#a77;,a7 of such section is made4 7,c7 ,facility ,the term facility means an agency1 clinic1 facility1 hospital1 and entity described in section #ahcc7;a77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4#aciel7a77#h77 that furnishes ,medicare telehealth therapy services4 7,d7 ,medicare telehealth therapy services defined ,the term ,medicare telehealth therapy services means services identified by ,,hcpcs codes #ibejg-ibejh1 #ibeba-ibebd1 #ibebf1 #ibfja-ibfjd1 #ibfjg-ibfaj1 #ibfbf-ibfbg1 #ibfcj1 #ibfcc1 #ifaje1 #ifabe1 #igaaj1 #igaab1 #igaaf1 #igabi-igacj1 #igaej-igaeh1 #igafa-igafh1 #igecj1 #igece1 #igedb1 #iggej1 #iggee1 #iggfj1 and #iggfa-iggfc 7and as subsequently modified by the ,secretary of ,health and ,human ,services71 and which may be furnished to ,medicare beneficiaries through telehealth under section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 pursuant to the ,,covid-#ai interim final rule4 7,e7 ,occupational therapist ,the term occupational therapist means a qualified occupational therapist as that term is used in section #ahfa7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7g774 7,f7 ,physical therapist ,the term physical therapist means a qualified physical therapist as that term is used in section #ahfa7p7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7p774 7,g7 ,speech language pathologist ,the term speech language pathologist has the meaning given the term qualified speech-language pathologist in section #ahfa7ll77#d77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7ll77#d77;,a774 7#c7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement this subsection by program instruction or otherwise4 7b7 ,services furnished beginning in #bjba 7#a7 ,in general ,section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking or a practitioner 7described in section #ahdb7;b77#ah77;,c77 and inserting 1 a practitioner 7as defined in paragraph 7#d77;,e771 or a facility 7as defined in paragraph 7#d77;,g772 and 7ii7 by striking individual physician or practitioner and inserting individual physician1 practitioner1 or facility2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting after located at a distant site the following3 1 or a facility that is a distant site12 and 7,,ii7 by striking such physician or practitioner and inserting such physician1 practitioner1 or facility2 and 7ii7 in subparagraph 7,c71 by striking as determined by the and inserting as determined by a2 7,c7 in paragraph 7#c77;,a7-- 7i7 in the subparagraph heading1 by striking ,physician and practitioner and inserting ,physician1 practitioner1 and facility2 and 7ii7 by striking a physician or practitioner receiving payment and all that follows through the period and inserting a physician1 practitioner1 or facility receiving payment under this subsection to the same extent as they apply to physicians1 practitioners1 or facilities under such sections42 7,d7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by inserting before the period the following3 1 or a facility that furnishes a telehealth service to an eligible telehealth individual via a telecommuniciations system2 7ii7 in subparagraph 7,e71 by inserting before the period at the end the following3 1 and also includes1 for purposes of this subsection1 a physical therapist1 an occupational therapist1 and a speech-language pathologist2 7iii7 in subparagraph 7,f77i7-- 7,i7 by striking and office psychiatry and inserting office psychiatry2 and 7,,ii7 by inserting before 1 and any additional the following3 1 therapy services 7identified as of ,april #a1 #bjbj1 by ,,hcpcs codes #ibejg-ibejh1 #ibeba-ibebd1 #ibebf1 #ibfja-ibfjd1 #ibfjg-ibfaj1 #ibfbf-ibfbg1 #ibfcj1 #ibfcc1 #ifaje1 #ifabe1 #igaaj1 #igaab1 #igaaf1 #igabi-igacj1 #igaej-igaeh1 #igafa-igafh1 #igecj1 #igece1 #igedb1 #iggej1 #iggee1 #iggfj1 and #iggfa-iggfc 7and as subsequently modified by the ,secretary772 and 7iv7 by adding at the end the following new subpragraph3 7,g7 ,facility ,the term facility means an agency1 clinic1 facility1 hospital1 and entity described in section #ahcc7;a77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4#aciel7a77#h77 that furnishes therapy services described in paragraph 7#d77;,f77i74 2 and 7,e7 by adding at the end the following new paragraph3 7#i7 ,treatment of telehealth therapy services ,the geographic requirements described in paragraph 7#d77;,c77i7 shall not apply with respect to telehealth services that are therapy services described in paragraph 7#d77;,f77i74 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and apply to telehealth services furnished under the ,medicare program on or after ,january #a1 #bjba4 #e4 ,reducing unnecessary paperwork in the delivery of therapy services 7a7 ,in general ,section #ahce7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acien7a77 is amended by adding at the end the following new sentence3 ,the requirement for review of a plan of care described in paragraphs 7#b77;,c77ii7 and 7#b77;,d77ii7 for outpatient physical therapy or outpatient occupational therapy services or speech-language pathology services1 respectively1 for an individual under the care of a physician shall be deemed to be met if either of the following is included in the individual's medical record3 an order for such outpatient physical therapy or outpatient occupational therapy services or speech-language pathology services1 as the case may be1 signed by a physician under whom the individual is receiving care2 or a certification of the individual's plan of care signed by a physician under whom the individual is receiving care44 7b7 ,conforming amendment ,section #ahfa7p7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7p77 is amended by adding at the end the following new sentence3 ,the requirement for review of a plan of care described in paragraph 7#b7 for physical therapy services furnished to an individual under the care of a physician 7as so defined7 shall be deemed to be met if either of the following is included in the individual's medical record3 an order for such physical therapy services signed by a physician under whom the individual is receiving care2 or a certification of the individual's plan of care signed by a physician under whom the individual is receiving care44