S. 5

A bill to amend title XVIII of the Social Security Act to ensure appropriate supervision requirements for outpatient physical therapy and outpatient occupational therapy.

Latest

II

117th CONGRESS

2d Session

S. 5

IN THE SENATE OF THE UNITED STATES

November 17, 2022

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.

1.

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, 2023.

(b)

Implementation

Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise.