H.R. 3820House115th Congress (2017-2019)In Committee

Medicare Home Health Flexibility Act of 2017

Introduced September 25, 2017

AI-Generated Summary

Updated April 15, 2026 at 6:07 PM UTC

The Medicare Home Health Flexibility Act of 2017 lets occupational therapists perform the first home‑health assessment and finish the comprehensive assessment for patients who qualify for Medicare home health services. It applies when a physician’s order includes occupational therapy along with physical therapy or speech‑language pathology and does not call for skilled nursing care. The change expands the role of occupational therapists without altering eligibility rules for home health coverage.

Key Provisions

  • Allows an occupational therapist to be designated to conduct the initial assessment visit and complete the comprehensive assessment for Medicare home health patients when the physician’s referral includes OT, PT or speech‑language pathology, and excludes skilled nursing care.
  • Specifies that this authority does not create eligibility for home health services based solely on a need for occupational therapy.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

September 29, 2017

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HouseIntro Referral

Introduced in House

September 25, 2017

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

September 25, 2017

HouseCommittee

Referred to the Subcommittee on Health.

September 29, 2017

Bill Text

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Introduced in HouseIssued September 25, 2017

I

115th CONGRESS

1st Session

H. R. 3820

IN THE HOUSE OF REPRESENTATIVES

September 25, 2017

Mr. Meehan (for himself, Mr. Costello of Pennsylvania, Mr. Doggett, and Mr. Tonko) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To permit occupational therapists to conduct the initial assessment visit and complete the comprehensive assessment under a Medicare home health plan of care for certain rehabilitation cases.

1.

Short title

This Act may be cited as the Medicare Home Health Flexibility Act of 2017.

2.

Permitting occupational therapists to conduct the initial assessment visit and complete the comprehensive assessment under a Medicare home health plan of care for certain rehabilitation cases

(a)

In general

Notwithstanding section 484.55(a)(2) or 484.55(b)(3) of title 42, Code of Federal Regulations, or any other provision of law, an occupational therapist may be designated to conduct the initial assessment visit and to complete the comprehensive assessment for an individual who is eligible for home health services under title XVIII of the Social Security Act if the referral order by the physician—

(1)

does not include skilled nursing care;

(2)

includes occupation therapy; and

(3)

includes physical therapy or speech language pathology.

(b)

Rule of construction

Nothing in subsection (a) shall be construed to provide for initial eligibility for coverage of home health services under title XVIII of the Social Security Act solely on the basis of a need for occupational therapy.