Federal Advocacy

Federal Advocacy Information

How to Get Involved!

One way that you can easily advocate and take an active role in the PT profession at the federal and state level is to download the APTA Action app.

While we encourage everyone to support the PT profession through their membership with APTA, you do not need to be an APTA member to use the app and have a voice.  Taking action via the app typically takes 1-2 minutes and has the latest information on legislation that affects you.  

How do I get to the APTA NH portion on this App?

Federal Advocacy Updates:

July 2024

June 2024

MEDICARE PAYMENT REFORM

Medicare payment reform has been heating up on Capitol Hill. There is talk that there could be a draft proposal possibly released later this summer from a special senate workgroup, comprised of six senators (three Republicans and three Democrats), on a package of first steps toward Medicare payment reform. APTA was invited to a roundtable with the senate workgroup in May. We outlined the various challenges that physical therapy is currently facing, not only with decreased payment and inflationary pressures but also the need to reduce administrative burden and paperwork, as well as the need to provide support and flexibilities to address the current workforce challenges.

Policy Principles for Outpatient Therapy Reform under the Medicare Physician Fee Schedule (apta.org)

PRIOR AUTHORIZATION

 APTA-supported legislation is being reintroduced in the U.S. Congress in June to address the issue of prior authorization. The Improving Seniors’ Timely Access to Care Act is bipartisan legislation that will tackle the overuse and abuse of prior authorization by Medicare Advantage plans, which threatens access to patient care and increases provider administrative burden.

APTA-Backed Bill Supports Medicare Patients in Need of Orthoses, Prostheses

Medicare beneficiaries who require orthotics or prosthetic devices could find it easier to access care while being better protected from fraud if APTA-supported legislation now on Capitol Hill makes its way into law. In addition to sparing patients from being required to see many providers and prohibiting direct-to-consumer “drop shipping,” the bipartisan bills, introduced in both the U.S. Senate and House of Representatives, would also make it easier for beneficiaries to receive replacement devices when they need them. Known as the Medicare Orthotics and Prosthetics Patient-Centered Care Act (S. 3977/H.R. 5315), the legislation is designed to eliminate loopholes and burdensome regulations that make it more difficult — and riskier — for patients to acquire needed equipment.

 APTA SUPPORTED BILLS

Text – H.R.2474 – 118th Congress (2023-2024): Strengthening Medicare for Patients and Providers Act | Congress.gov | Library of Congress

Position Paper: EMPOWER Act | APTA

Position Paper: Remove Duplicative Unnecessary Clerical Exchanges Act | APTA

APTA Legislative Update – 118th Congress Bill Status

Contact our Federal Affairs Liaison, Amanda Packard

May 2024

Cyberattack

UHC/Change Cyberattack: As providers continue to deal with cash flow interruptions in the wake of the largest-ever cyberattack on the U.S. health care system, the U.S. Centers for Medicare & Medicaid Services has stepped in to offer some temporary relief. In a program announced March 9, CMS outlined how qualified providers could receive accelerated or advance payments that would be repaid by way of automatic deductions from future claims

News | Massive Cyberattack: UnitedHealth Group Offers Workarounds, HHS Weighs In | APTA

Falls Prevention

On March 11, 2024, APTA-backed bipartisan legislation was introduced in the U.S. House known as the Stopping Addiction and Falls for the Elderly Act, or SAFE Act (H.R. 7618),the legislation now in the U.S House of Representatives would make falls screening, including those conducted by PTs, a regular part of both the so-called “Welcome to Medicare” visit, officially titled the Initial Preventive Physical Examination, and the Medicare Annual Wellness Visit. The bill was introduced by Reps. Carol Miller, R-W.Va., and Melanie Stansbury, D-N.M.  This priority legislation was part of APTA’s Capitol Hill Day on April 15-16 in Washington, DC.

 H.R.7618 – 118th Congress (2023-2024): SAFE Act | Congress.gov | Library of Congress

Allied Health Workforce Diversity Program Funding

On April 15, 2024, Sen Bob Casey (D-PA) introduced “The Long-term Care Workforce Support Act” (S. 4102). Among other provisions, the bill would provide for an annual Congressional appropriation of $10 million per year to the Health Resources and Services Administration (HRSA) for the program through 2029.

 In addition, APTA in collaboration with AOTA and ASHA submitted appropriations requests to almost 30 Congressional offices requesting federal funds to implement the Allied Healthcare Workforce Diversity program. The APTA-supported program was enacted into law in late 2022 but Congress did not provide funding for it at the time. AHWD program would provide grants to accredited PT and PTA education programs for them use to recruit and retain students who are under-represented in the field of physical therapy (as well as occupational therapy, speech-language pathology, and respiratory therapy)

S.4120 – 118th Congress (2023-2024): Long-Term Care Workforce Support Act | Congress.gov | Library of Congress 

 Education webinars and Advocate Engagement Opportunities

APTA Regulatory, Legislative, and Payment Updates Webinar Series: APTA’s Health Policy and Payment team will provide overviews of the most significant federal regulatory and commercial payer policy changes throughout the year. Registration is free to APTA members, and CEUs are expected to be available closer to the live webinar dates

June6th

American Physical Therapy Association: APTA Regulatory, Legislative, and Payment Updates, June 2024 

August 8th

American Physical Therapy Association: APTA Regulatory, Legislative, and Payment Updates, August 2024

April 2024

APTA Capitol Hill Day was amazing! APTA NH sent two representatives to Washington, DC April 14-16, 2024 to discuss important professional issues with our legislators.
You can find detailed talking points for these meetings on the APTA Action App.

APTA Capitol Hill Day Talking Points included:
Economic Value of Physical Therapy is noted in a newly released report from the APTA that showcases the cost effectiveness and economic value of physical therapist services for a broad range of common conditions. The report, “The Economic Value of Physical Therapy in the United States” can be found at apta.org/news
Payment Reform – Strengthening Medicare for Patients and Providers Act (H.R. 2474) which will provide an annual inflationary payment update to the Medicare Physician Fee Schedule conversion factor by tying it to the Medicare economic Index (MEI).
Falls Prevention – SAFE Act: Stopping Addiction and Falls in the Elderly Act (H.R. 7618) is aimed at expanding and increasing access to falls screening and prevention to reduce the use of opioids that often occur as a result of a fall.
Telehealth – Expanded Telehealth Access Act (H.R. 3875/S. 2880) would add physical therapists, physical therapist assistants, and other therapy providers in private practice, as well as facility-based outpatient therapy providers under Medicare Part B, as permanent authorized providers of telehealth services under Medicare.

If you could not attend Capitol Hill Day, please consider making your voice heard by contacting
Congress at www.apta.org/advocacy/take-action
Contact APTA NH Board Member, Tracie Adams

February 2024

One way that you can easily advocate and take an active role in the PT profession at the federal and state level is to download the APTA Action app.  While we encourage everyone to support the PT profession through their membership with APTA, you do not need to be an APTA member to use the app and have a voice.  Taking action via the app typically takes 1-2 minutes and has the latest information on legislation that affects you.  Below is the link to download the app:

https://apps.apple.com/us/app/apta-action/id727008540   

Payment and Legislative Updates

Advocacy Makes a Difference!!! Please join us in asking members of congress to cosponsor the Empower Act and support PTAs.

Medicare permits general supervision of physical therapist assistants by physical therapists in all settings — except for outpatient private practice under Part B, which requires direct supervision. Physical therapists and physical therapist assistants are governed by their state’s practice act and must follow their state licensure requirements if they are more stringent than Medicare’s. However, 49 states permit “general supervision” of physical therapist assistants in outpatient practices, making Medicare’s direct supervision requirement in that setting more burdensome than most state licensure requirements.

Please use the link below to add your voice by connecting to your congressional representatives and asking for their support. The link below will take you to the APTA Patient Action Center. Thank you in advance for taking action to further our profession and support PTAs.

https://www.apta.org/advocacy/take-action/patient-action-center

Contact APTA NH Board Member, Tracie Adams

State Legislative

The NH state legislature is in session and actively working through hundreds of proposed bills.  APTA NH has been closely following many of these bills and at this point in the session were are down to following about 20 bills. This month, we would like to highlight one bill in particular that could have a potentially significant impact on physical therapy practice in NH.

HB1676-FN: Establishing a Sunset Commission to Evaluate Various Occupational Boards and Commissions, and Sunsetting Various Boards and Commissions.  In its current form, this bill could convey the legislative authority to “sunset” a significant number of professional boards, including the Physical Therapy Governing Board in 2030. 

The protection of our patients is paramount.  This bill could alter the ability for therapists to practice critical self-governed oversight.  There is no entity better positioned to oversee the appropriate application of the education, training and conduct of physical therapists and physical therapist assistants in the State of NH than a board of our peers, the Physical Therapy Governing Board. 

Shortly, APTA NH will be asking for you to join us in opposing this bill through communication and outreach to your NH representatives. If you haven’t already, this is a great time to download the APTA Action App that will afford access and information related to important issues affecting the physical therapy profession in our state. 

Finally, pertaining to the recent correspondence from OPLC that updated the regulations surrounding continuing competence as part of license renewal, we are working with contacts at the state to determine a definitive answer regarding the acceptance of distance/online courses. 

For more information on this and other pending bills, go to www.nh.gov , put your cursor over the “Government” tab at the top of the webpage and click on NH State Legislature from the dropdown list.  You can enter bill numbers like the one above or do a keyword search for bills to access more information. Please feel free to reach out to us at www.nhapta.org for more information or to get involved.  

APTA NH State Legislative Committee contact, Mark Mailloux   

 Federal Legislation

Regulatory Review | Prior Authorization Win: CMS Finalizes Tighter Payer Rules | APTA 

Medicare Fee Schedule 

APTA Patient Action Center | APTA

*Use this link to get to the APTA Patient Action Center or the Legislative Center.

Articles of Interest:

 2023 Year in Review | APTA

News | 2024 Fee Schedule Calculator Now Available to APTA Members | APTA

Perspective | A Closer Look at the New Medicare Advantage Rule: Coverage Criteria and Prior Authorization | APTA

Contact our Federal Affairs Liaison, Amanda Packard

         

July 2023

APTA NH hopes you are enjoying summer fun and much needed vacations! 

The APTA is sponsoring Capital Hill Day July 24-25, 2023. Representatives from your state professional organizations are meeting with members of Congress to discuss priority legislative issues. This is an opportunity for training, networking, and advocating for our profession.

When legislators hear from members they listen, especially if the number of members contacting them is impressive. Being louder really does help get attention! Please go to your App Store and download the APTA Action App so your voice can be added to others and we can be heard.

Start at http://www.apta.org/advocacy/take-action

Other Advocacy opportunities can be found in the following Action Centers.

·       Legislative Action Center. APTA members can log in to the Legislative Action Center to send prewritten messages to their legislators.  

·       Patient Action Center. Nonmembers and the public can use the Patient Action Center to send prewritten messages to their legislators.

·       Regulatory Action Center. Congress isn’t the only group that needs to hear from you. Use the Regulatory Action Center to access template letters for contacting the Centers for Medicare & Medicaid Services and other regulators.

On June 21, APTA, AOTA, and ASHA issued a joint statement on policy principles for Medicare reform to outpatient therapy based on our associations aligned policy principles.

As Congress seeks to potentially reform the Medicare Fee Schedule, the APTA and the APTA Public Policy & Advocacy Committee have been exploring potential policy principles specific to outpatient therapy, which we believe should be included in any legislative package that reforms the fee schedule. APTA has also been collaborating with AOTA and ASHA to identify areas of alignment and agreement.

Policy Principles for Outpatient Therapy Reform under the Medicare Physician Fee Schedule (apta.org)

Medicare Physician Fee Schedule: A Joint Statement From AOTA, APTA, ASHA, and APTA Private Practice on Outpatient Therapy Reform

 

APTA 2023 State Medicaid Payment Rate Guide

The Hub : Forums : APTA 2023 State Medicaid Payment Rate Guide Now Available

June 2023

PT Compact Legislation Gains Support

H.R. 1310, the States Handling Access to Reciprocity for Employment (SHARE) Act, was introduced by Reps. Tracey Mann, R-Kan., and Joe Neguse, D-Colo. The SHARE act would ensure that federal background checks are completed so PTs can participate in the PT compact and provide critical therapy care for patients in multiple states, and especially for those in medically underserved areas. This bipartisan bill is already co-sponsored by 18 members of Congress. 

 apta-positionpaper-shareact-hr1310.pdf

The PT Compact Bill was recently passed in VT. 

Optimizing Postpartum Outcomes Act

On April 6, Rep. Don Bacon, R-Neb., and Rep. Lisa Blunt Rochester, D-Del., reintroduced the Optimizing Postpartum Outcomes Act in the House of Representatives. This APTA- supported bipartisan legislation is aimed at increasing awareness of the importance of pelvic health physical therapy. The legislation would require CMS to issue guidance on prenatal and postpartum pelvic health physical therapy under Medicaid and CHIP.

Increasing Awareness of Pelvic Health Physical Therapy (apta.org) 

Please check out these other links for other important advocacy efforts going on right now!

News | APTA-Backed Bipartisan Legislation Aims to Help PTs Avoid Interruptions in Care | APTANews | APTA, Other Groups, Urge Short- and Long-Term Fixes to ‘Broken’ Fee Schedule | APTA

As COVID Emergency Ends, Pressley, Beyer, Blunt Rochester Unveil Bill to Support COVID Long Haulers | U.S. Representative Don Beyer (house.gov)

News | Final MA Rule Solidifies Prior Authorization Wins | APTA 

Thank you to APTA members who helped with this legislation!

Contact our Federal Affairs Liaison, Amanda Packard

May 2023

Congressional Update

 Take Action:

Strengthening Medicare for Patients and Providers Act (H.R. 2474) introduced. This bipartisan bill would allow for an annual inflationary update to the Medicare Physician Fee Schedule. This would help stabilize the Fee Schedule and is a great first step for true reform. Take action on this bill by visiting the Legislative and Patient Action Centers. APTA Patient Action Center | APTA

Fraud Elimination Bill Introduced: A bill we are endorsing and monitoring is on electromyography and cutting down fraud and abuse with mobile labs. The bill is called the Electrodiagnostic Medicine Patient Protection and Fraud Elimination Act (H.R. 2639).

Pelvic Health Bill: The Optimizing Postpartum Outcomes Act (H.R. 2480) would help raise awareness on the importance of pelvic health physical therapy for postpartum mothers. Take action on this bill by visiting the Legislative and Patient Action Centers. APTA Patient Action Center | APTA

Regulatory Update

 FY 2024 IRF Proposed Rule: The Inpatient Rehabilitation Facility (IRF) proposed rule has only major payment updates; 3.7%payment increase. There is an inflationary update using updated data.

FY 2024 SNF Proposed Rule: The Skilled Nursing Facility (SNF) rule also contains an inflationary update and includes a proposed estimated $1.2 billion increase in payments to SNFs. We were expecting minimum staffing requirements in the rule but they are not currently. 

Thank you to APTA members who helped with this legislation!

Contact our Federal Affairs Liaison, Amanda Packard

Join us July 24-25 for APTA Capitol Hill Day

The kick off the event starts with mandatory advocacy training at 4:00 p.m. ET on July 24 that will take place at the host hotel, the Omni Shoreham in Washington, DC. You will learn about the issues we are advocating for, how to be a successful advocate, and meet with others attending from your state to prepare for your meetings. 

Registration is open todayLearn more and don’t miss your chance to raise your voice on Capitol Hill.

April 2023

Articles of Interest 

https://www.apta.org/apta-magazine/2023/03/01/setting-a-new-agenda 

https://www.apta.org/article/2023/03/03/prior-auth-letter-tips  

https://www.apta.org/news/2023/02/15/aetna-prior-auth-decision 

Congressional Update

Action on Workforce: The Senate HELP Committee recently put out an RFI on health care workforce challenges. APTA submitted comments to the Committee with a number of policy proposals for them to consider. Check out the letter on the FAL Hub. APTA, AOTA, ASHA and others are requesting $8 mil. to HRSA to fund the Allied Health Workforce Diversity program that was signed into law in Dec. 2022.

Latest Bill Introduction: Locum tenens (H.R. 1617/S. 793) was recently reintroduced in the House and Senate. The SHARE Act (H.R. 1310) was recently introduced in the House. Visit the Legislative Action Center to take action on both bills and the Patient Action Center to take action on locum tenens and Medicare payment reform.

 Wait: Bill reintroduction depends on multiple factors, including finding lead sponsors (especially if the bill was introduced by a now former member of Congress), timing, etc. We are hoping most of our bills will be reintroduced in the next couple of months. APTA position papers and the action centers will be updated accordingly. Congress is going on a two-week recess for Passover and Easter and we’re hoping bills will be reintroduced after this recess.

https://www.apta.org/contentassets/fa7bbb0aea8049249becc28e615d9dfc/aptapositionpaperpreventiveinterruptions-hr1617s793.pdf

https://www.apta.org/contentassets/fa7bbb0aea8049249becc28e615d9dfc/apta-positionpaper-shareact-hr1310.pdf

https://aptaapps.apta.org/Phone2Action/ActionCenter.aspx?_gl=1*13cjnro*_ga*NTQ0NTU2NDQxLjE2MDc2OTY0Mzg.*_ga_ZZJK74HXNR*MTY4MDIwNjA2MC4yMzQuMS4xNjgwMjA2MjU3LjAuMC4w&_ga=2.260995213.1654837499.1680190916-544556441.1607696438

Contact APTA NH Board Member, Tracie Adams

State of the Profession: 2 reports