Legislation Aims to Maintain Virtual Access to Physical Therapy

Through the reintroduction of the Expanded Telehealth Access Act, United States Reps. Mikie Sherrill (NJ-11) and Diana Harshbarger (TN-01) aim to permanently allow virtual access to physical therapy covered through Medicare.

Like other specialties, physical therapy access was boosted due to telehealth allowances enacted during the COVID-19 pandemic. These flexibilities demonstrated the capabilities of telehealth to reach a wide array of patients, including those from underserved groups.

“The use of telehealth services during the pandemic demonstrated the pivotal role technology can play in improving health equity. For vulnerable populations, especially those with compromised immune systems or in areas far from a provider, this type of access to health care can be a lifeline,” said Sherrill in the press release. 

To ensure and protect access to care, Sherrill reintroduced the Expanded Telehealth Access Act alongside Harshbarger and a bipartisan group of their colleagues. This piece of legislation would allow physical therapists, physical therapist assistants, therapy providers in private practice, and facility-based outpatient therapy providers under Medicare Part B to provide telehealth under Medicare permanently.

“While the public health emergency is over, the need for telehealth services is not. With this legislation, we are protecting Medicare recipients by ensuring these essential services are covered by their health insurance,” continued Sherrill.

The Expanded Telehealth Access Act comes in response to actions that took place during the COVID-19 public health emergency (PHE). During this time, the Centers for Medicare and Medicaid Services (CMS) eliminated requirements regarding the types of practitioners allowed to bill for Medicare telehealth. The Consolidated Appropriations Act of 2023 extended these flexibilities through 2024 following the end of the PHE on May 11.

However, the Expanded Telehealth Access Act would make permanent the flexibilities related to the types of practitioners who can use telehealth, provided they are eligible to bill Medicare. These professionals would include physical therapists, occupational therapists, and speech-language pathologists. 

“The rapid adoption of telehealth for Medicare beneficiaries during the Covid pandemic enabled patients to continue therapy and other treatments they otherwise might not have access to,” said Harshbarger. “It is critical that Congress acts to allow seniors to continue such services permanently after special waivers expire in 2024. This is especially important for people living in rural and underserved areas, where a trip to seek specific treatments may entail a long journey. The Expanded Telehealth Access Act will enable seniors to continue receiving quality, accessible care, delivered in the most efficient way possible.” 

Various organizations endorsed this piece of legislation. These organizations include, but are not limited to, the American Occupational Therapy Association (AOTA), the American Physical Therapy Association (APTA), and the Alliance for Connected Care (ACC).

"The pandemic made it all the more clear just how valuable telehealth is to patients needing alternative access to therapy," said APTA President Roger Herr in a press release. "It is critical that Congress make this option for therapy services permanent for Medicare patients. We applaud Reps. Mickie Sherrill and Diana Harshbarger for their leadership on this important bipartisan legislation."

Lawmaker support of permanently extending telehealth flexibilities has grown as the benefits of this type of care have become more apparent.

Passed by President Joe Biden in December 2022, a spending bill extended pandemic-era telehealth and hospital-at-home waivers for two years.

Intended to remain active through 2024, flexibilities provided by this bill eliminate geographic restrictions on originating sites for telehealth, provide leniency regarding the location where Medicare beneficiaries receive care, and continue to allow federally qualified health centers and rural health centers to offer telehealth services.