EMPOWER Act included in House hearing on Medicare reform

On October 18, 2023, the Health Subcommittee of the House Energy and Commerce Committee held a legislative hearing that discussed twenty-three different bills focused on reforming the way Medicare pays health care providers. One of the bills considered in this hearing was H.R. 4878, The Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation (EMPOWER) Act, introduced earlier this year by Reps. Deb Lesko (R-AZ) and Annie Kuster (D-NH).

The EMPOWER Act would remove the current direct supervision requirement for occupational therapy assistants and physical therapist assistants providing Medicare Part B services in a private practice setting. The bill would also require the U.S. Government Accountability Office (GAO) to analyze how the Medicare Part B 15% payment differential for services provided by occupational therapy assistants and physical therapist assistants has impacted access to occupational and physical therapy services in rural and medically underserved areas. The hearing, titled “What’s the Prognosis? Examining Medicare Proposals to Improve Access to Care and Minimize Red Tape for Doctors” also discussed multiple bills focused on improving the Medicare Physician Fee Schedule.

Legislative hearings are the first step in the process of a bill being passed by the full House, and if also passed by the Senate, signed into law. The inclusion of the EMPOWER Act in this hearing comes after two years of advocacy by AOTA along with a coalition of rehab providers. The EMPOWER Act was one of the bills that OT grassroots advocates discussed with their elected representatives during AOTA’s annual Hill Day on September 29^th, helping to pave the way for its inclusion in this hearing.