Meghan Pudeler
On November 22, New York Governor Kathy Hochul signed A3202C, which allows patients up to 10 occupational therapy (OT) visits without a referral from a physician or nurse practitioner. This legislation was enacted as a result of the advocacy efforts, hard work, and tenacity of the New York State Occupational Therapy Association during the last several years. The state is now working on the regulations so this can go into effect.
On April 1, 2022, Kansas Governor Laura Kelly signed SB 440, which also allows an occupational therapist to evaluate and initiate OT treatment on a patient without referral from a health care practitioner for up to 10 OT visits. SB 441 went into effect as of July 1, 2022. The Kansas Occupational Therapy Association has worked tirelessly for the last several years to make this change to their practice act.
Most state laws do not require a referral to receive OT services, but almost all health insurers and programs such as Medicare and Medicaid do specify referral requirements. If you are unsure of referral requirements, it is best to consult with third-party payers. Referral requirements may also appear in state practice acts. For more information, please refer to AOTA’s chart (https://bit.ly/3FQaIUX) outlining referral requirements in the states, or contact AOTA State Affairs at stpd@aota.org.
Meghan Pudeler is AOTA’s Manager of State Affairs.
