The American Society of Hand Therapists

May, 2003

Government News Center

                                                                                       prepared by Smith, Bucklin & Associates                                                                          

On The Calendar...        Federal Legislative Tracking        State Regulatory Tracking        In The News...

Meetings/Events

On the Calendar:

Negotiated Rulemaking Committee

California Board of Occupational Therapy

Maryland Board of Occupational Therapy Practice

U

P

D

A

T

E

D

S

T

A

T

U

S

The CMS (Centers for Medicare and Medicaid Services) Negotiated Rulemaking Committee on Special Payment Provisions and Requirements for certain Custom-Fabricated Orthotics and Prosthetics will hold its next meeting from June 2-3, 2003.  Open to the public, the meeting is scheduled to take place at the Hilton Pikesville at 1726 Reistertown Road in Baltimore, Maryland (410) 653-1100.  No advanced registration required.  Interested parties can file statements with the Committee to:

Federal Mediation and Conciliation Services

2100 K Street, NW

Washington, DC 20427

Attn: Lynn Sylvester (202) 606-9140

Read the minutes from the February 10 - 11 meeting!

Read the minutes from the March 10 - 11 meeting!

The minutes for the April and May meetings are not yet available.

N

E

W

I

T

E

M

The California Board of Occupational Therapy has scheduled a hearing for June 10, 2003 at 1:00 p.m. to discuss proposed amendments to Title 16, Division 39 of the California Code of Regulations. 

The purpose of the regulatory changes is to clarify the basis upon which limited permits are granted (Section 4123, Limited Permit); establish an application for licensure fee and to delete fees no longer in effect (Section 4130, Fees); and to establish and clarify guidelines to assist attorneys, administrative law judges and the Board in determining fair and consistent rulings regarding disciplinary matters in the state of California (Section 4144, Disciplinary Guidelines).

Materials regarding this proposal can be found at http://www.bot.ca.gov/.

The hearing will be held at:

The Department of Consumer Affairs

400 R Street, Suite 3020

Sacramento, California

95814

The Board will also discuss new proposed regulations that implement, interpret and make specific rules concerning hand therapy, specifying the use of physical agent modalities, swallowing assessment, evaluation or intervention as areas of advanced practice that require post professional education and training before an occupational therapist can provide such services, specifies the subjects to be included in the education and training components for hand therapy and the use of physical agent modalities, and requiring an occupational therapist seeking certification in an advanced practice to demonstrate to the board that he or she has completed the educational training and competency requirements established by the board.

To make an oral presentation, or to submit comments, contact:

Janet Jagi

CA Board of Occupational Therapy

444 North Third Street

Suite 410

Sacramento, California

95814

ph: (916) 322-3278

fax: (916) 445-6167

email

Back-up contact person:

Jeff Hanson

ph: (916) 324-4353

fax: (916) 445-6167

e-mail

N

E

W

I

T

E

M

The Maryland Board of Occupational Therapy Practice has scheduled a public meeting for June 13, 2003 (8:30 a.m. - 5:00 p.m.) and June 14, 2003 (9 a.m. - 3 p.m.). 

Slated for discussion are potential amendments to, additions to, and revisions of the Health Occupations Article Title 10 and regulation COMAR 10.46, as well as the subject of fee changes.

The meeting will be held at:

The Spring Grove Hospital Center

Benjamin Rush Building

55 Wade Ave. - Tulip Dr.

Baltimore, Maryland

Contact:

Marilyn Pinkney

(410)-402-8560

Return to Top

Return to Top

Federal Legislation

Federal Legislative Tracking

H.R. 5

H.R. 18

H.R. 26

H.R. 296

H.R. 792

H.R. 1044

H.R. 1116

H.R. 1124

H.R. 1125

H.R. 1219

H.R. 1709

H.R. 2032

H.R. 2085

S. 61

S. 75

S. 80

S. 345

S. 493

S. 569

S. 971

S. 977

S. 1055

N

O

C

H

A

N

G

E

H.R. 5

Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2003

Introduced: February 5, 2003

Passed in the House of Representatives by recorded vote 229 - 196 on March 13, 2003 3:13 p.m.

To view the voting record of the House Members on H.R. 5, click here.

A measure aimed at improving patient access to health care services and providing better medical care by reducing the excessive burden the liability system places on the health care delivery system, principally: healthcare access and costs, interstate commerce, and federal spending.  The measure further contains provisions for encouraging speedy resolution of claims, compensating patient injury, and maximizing patient recovery.

Cosponsors: (128)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative Greenwood, James C.

[PA-8]

Status:

3/13/2003: Received in the Senate.

 
3/20/2003: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

 
3/21/2003: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 49.

N

O

C

H

A

N

G

E

H.R. 18

Medicare Fraud Prevention and Enforcement Act of 2003

Introduced: January 7, 2003

Amends Title XVIII of the Social Security Act to establish additional provisions to combat waste, fraud, and abuse within the Medicare Program, and for other purposes.  Section 2 contains provisions regarding site inspections for DME suppliers, community mental health centers, and other provider groups, outlining the exceptions to the term "applicable provider."

Cosponsors: (0)

Sponsor:

Representative

Biggert, Judy

[IL-13]

Status:

1/7/2003: Referred to House Ways and Means.

1/16/2003,  referred to the Subcommittee on Health.

1/7/2003: Referred to House Energy and Commerce. 

2/3/2003, referred to the Subcommittee on Health.

1/7/2003: Referred to House Judiciary. 

3/6/2003, referred to the Subcommittee on Crime, Terrorism and Homeland Security.

N

O

C

H

A

N

G

E

H.R. 26

Medicare Payment Restoration and Benefits Improvement Act of 2003

Introduced: January, 7 2003

Amends title XVIII of the Social Security Act to revise and improve payments to providers of services under the Medicare Program, and for other purposes.  Provisions under Section 233 of H.R. 26 include: implementation of a 2-year extension of moratorium on therapy caps; charging the Institute of Medicine of the National Academy of Sciences to identify conditions or diseases that should justify conducting an assessment of the need to waive the therapy; and charging the Comptroller General to conduct a GAO study of patient access to physical therapy services in States authorizing such services without a physician referral and in states requiring physician referral.

Cosponsors: (0)

Sponsor:

Representative

Cardin, Benjamin

[MD-3]

Status:

1/7/2003:  Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

1/7/2003: Referred to House Ways and Means

1/22/2003:  Referred to the Subcommittee on Health.

1/7/2003:  Referred to House Energy and Commerce

2/3/2003:  Referred to the Subcommittee on Health.

U

P

D

A

T

E

D

S

T

A

T

U

S

H.R. 296

Treatment of Children's Deformities Act of 2003

Introduced: January 8, 2003

Related Bill: S. 977

Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for the treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.  The measure applies amendments to the requirements for reconstructive surgery.

The amendments apply with respect to group health plans for plan years beginning on or after January 1, 2004.

Cosponsors: (36)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Kelly, Sue W.

[NY-19]

Status:

1/8/2003: Referred to House Energy and Commerce

2/3/2003: Referred to the Subcommittee on Health.

1/8/2003: Referred to House Ways and Means

2/3/2003: Referred to the Subcommittee on Health.

1/8/2003: Referred to House Education and the Workforce

2/21/2003: Referred to the Subcommittee on Employer-Employee Relations.

U

P

D

A

T

E

D

S

T

A

T

U

S

H.R. 792
Medicare Patient Access to Physical Therapists Act of 2003

Introduced: February 13, 2003

Related Bill: S. 493

Amends Title XVIII of the Social Security Act to give authorization to physical therapists to evaluate and treat Medicare beneficiaries without a requirement for a physician referral. It further clarifies the terms "qualified physical therapist" and "outpatient occupational therapy services," and contains provisions for scope of benefits, payment of benefits, and provider claims procedures.
 

Cosponsors: (50)
For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Crane, Philip M.

 [IL-8]

2/13/2003: Referred to House Energy and Commerce

2/26/2003: Referred to the Subcommittee on Health

2/13/2003: Referred to House Ways and Means

2/26/2003: Referred to the Subcommittee on Health

U

P

D

A

T

E

D

S

T

A

T

U

S

H.R. 1044
To establish the Commission on Medical Malpractice Insurance

Introduced: February 27, 2003

A measure to create an 8-member "Commission on Medical Malpractice Insurance," and charge it with the responsibility of investigating the cause of increasing medical malpractice premium rates by U.S. medical malpractice carriers in the last 20-yr. period ending with the date of the enactment of this legislation. The Commission’s primary topics of focus are the investment, accounting and pricing practices of said insurance carriers, and jury awards in medical malpractice cases.

Appointments to the Commission would occurs as follows: 2 members appointed by the majority leader of the Senate; 2 members appointed by the minority leader of the Senate; 2 members appointed by the Speaker of the House of Representatives; and 2 members appointed by the minority leader of the House of Representatives.

Cosponsors: (1)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Wynn, Albert Russell

[MD-4]
 

2/27/2003: Referred to the House Committee on Energy and Commerce.

3/17/2003: Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

H.R. 1116
Medical Malpractice Insurance and Litigation Reform Act

Introduced: March 6, 2003

A measure aimed at reforming the medical malpractice insurance business by imposing a prohibition on anti-competitive activities by medical malpractice insurers, launching a Health and Human Services sponsored website providing medical malpractice insurance price comparisons, and establishing procedural requirements for medical malpractice insurers' proposed rate increases.

It also provides for a Federal alternative medical malpractice insurance with the establishment of the "Federal Medical Malpractice Insurance Association," charged with providing medical malpractice insurance based on customary coverage terms and liability amounts in states where such insurance is unavailable or is unavailable at reasonable and customary terms, as determined by the Association.

The measure aims to limit frivolous lawsuits by requiring that all medical malpractice liability action be accompanied by an affidavit of a qualified specialist substantiating there is a reasonable and meritorious cause for the filing of the action against the defendant. It also establishes sanctions for frivolous actions and pleadings.

Cosponsors: (12)
For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Conyers, John, Jr.

[MI-14]
 

3/6/2003: Introductory remarks on measure.

(CR E392-393)

3/6/2003: Referred to House Judiciary.

3/6/2003: Referred to House Energy and Commerce

3/17/2003: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.

N

O

C

H

A

N

G

E

H.R. 1124

A measure aimed at reducing the cost of medical malpractice insurance and enhancing patient access to medical care. It further establishes a statue of limitations for the filing of malpractice lawsuits, as well as limitations on punitive damages; and issues mandates to medical malpractice insurance carriers to reduce premiums paid by physicians to reasonable amounts. Provides for the creation of a 15-member national commission entitled the "Independent Advisory Commission on Medical Malpractice Insurance" to investigate the causes for dramatic increases in medical malpractice insurance premiums, and to devise proposals that not only reduce premiums but also prevent future dramatic premium rate increases. Appointments to the Commission would be made by the Comptroller General of the United States under guidelines specified in the measure.
 

Cosponsors: (18)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Dingell, John D.

[MI-15]
 

3/6/2003: Referred to House Energy and Commerce

3/17/2003: Referred to the Subcommittee on Health.

3/6/2003: Referred to House Judiciary Committee

U

P

D

A

T

E

D

S

T

A

T

U

S

H.R. 1125

Sponsor:

Representative English, Phil

[PA-3]

3/6/2003: Referred to House Energy and Commerce.

3/17/2003: Referred to the Subcommittee on Health.

3/6/2003: Referred to House Ways and Means.

3/12/2003: Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

H.R. 1219

Limits frivolous medical malpractice lawsuits by imposing a statute of limitations of three years for lawsuits, mandating that all lawsuits be filed in conjunction with a health care specialist affidavit substantiating the claims brought against the defendant; imposes sanctions for frivolous actions and pleadings, implementing mandatory mediation prior to action heading to trial; imposes limitations on punitive damages, and reducing premiums paid by physicians for medical malpractice insurance coverage.

Establishes a 15-member national commission entitled the "Independent Advisory Commission on Medical Malpractice Insurance" to investigate the causes for dramatic increases in medical malpractice insurance premiums, and to devise proposals that not only reduce premiums but also prevent future dramatic premium rate increases. Appointments to the Commission would be made by the Comptroller General of the United States under guidelines specified in the measure.

For a complete list of co-sponsors, please click here.

 

Status:

 

3/12/2003: Referred to House Judiciary.

N

E

W

I

T

E

M

H.R. 1709

Stop Taking Our Health Privacy (STOHP) Act of 2003

Introduced: April 10, 2003

Restores the standards to protect the privacy of individually identifiable health information that were weakened in August 2002.  The 2002 modifications to the comprehensive medical privacy regulations were issued by the Department of Health and Human Services in December 2000, as pursuant to the Health Insurance Portability and Accountability Act of 1996.

Among the standards slated for reinstatement are: (1) requirements for health care providers, health plans, and health care clearinghouses to obtain patient consent before using/disclosing patient health information for treatment, payment, or health care operations; (2) the December 2000 definition of 'marketing' to ensure that common conceptions of marketing fall under privacy protections governing marketing activities.

Cosponsors: (15)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Markey, Edward J.

[MA-7]

Status:

4/10/2003: Referred to House Energy and Commerce

4/24/2003: Referred to the Subcommittee on Health.

4/10/2003: Referred to House Ways and Means

4/22/2003: Referred to the Subcommittee on Health.
 

4/10/2003: Referred to House Education and the Workforce

5/2/2003: Referred to the Subcommittee on Employer-Employee Relations.

N

E

W

I

T

E

M

H.R. 2032

Medicaid Community-Based Attendant Services and Supports Act of 2003

Introduced: May 8, 2003

Related Bill: S. 971

Amends Title XIX of the Social Security Act to provide individuals with disabilities and older Americans with equal access to community-based attendant services and supports.

Cosponsors: (44)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

Davis, Danny K.

[IL-7]

Status:

5/8/2003: Referred to the House Committee on Energy and Commerce.

5/20/2003: Referred to the Subcommittee on Health.

N

E

W

I

T

E

M

H.R. 2085

Access to Medical Treatment Act

Introduced: May 14, 2003

A bill permitting an individual to be treated by a health care practitioner with any method of medical treatment such individual requests.

Cosponsors: (2)

For a complete list of co-sponsors, please click here.

Sponsor:

Representative

DeFazio, Peter A

[OR-4]

Status:

5/14/2003: Referred to the House Committee on Energy and Commerce.

5/20/2003:
Referred to the Subcommittee on Health.

N

O

C

H

A

N

G

E

S. 61
Physical Therapy and Occupational Therapy Education Act of 2003
 
Introduced: January 7, 2003
 
Provides grants to, and allows the Department of Health and Human Services to enter into contracts with, programs of physical therapy and occupational therapy for the purpose of: planning and implementing projects to recruit and retain faculty and students; develop curriculum; support the distribution of physical therapy and occupational therapy practitioners in underserved areas; or support the continuing development of these professions. Preference will be given to applicants seeking to educate physical therapists or occupational therapists in rural or urban medically underserved communities, or to expand post-professional programs for the advanced education of physical therapy or occupational therapy practitioners. The peer review group for applications shall include not fewer than 2 physical therapists or occupational therapists.
 
The measure authorizes $3,000,000 for each of the fiscal years 2004 through 2006.
 

Cosponsors: (0)

Sponsor:

Senator

Inouye, Daniel K.

[HI]

Status:

1/7/2003: Introductory remarks on measure.

(CR S60)

1/7/2003: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S60-61)

N

O

C

H

A

N

G

E

S. 75

Rural Preventive Health Care Training Act of 2003

Introduced: January 7, 2003

Provides grants and allows the Department of Health and Human Services to enter into contracts to provide preventive health care training to health care practitioners practicing in rural areas. Such training shall, to the extent practicable, include training in health care to prevent both physical and mental disorders before the initial occurrence of such disorders.  To be eligible to receive training, a health care practitioner must be practicing, or desiring to practice, in a rural area. 

The measure authorizes $5,000,000 for each of fiscal years 2004 through 2006.

Cosponsors: (0)

Sponsor:

Senator

Inouye, Daniel K.

[HI]

Status:

1/7/2003: Introductory remarks on measure.

(CR S69-70)

1/7/2003: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

(text of measure as introduced: CR S70)

N

O

C

H

A

N

G

E

S. 80

National Academies of Practice Recognition Act of 2003

Introduced: January 7, 2003

A measure to recognize and grant a Federal Charter to the organization known as the National Academies of Practice.  The purposes of the organization will be to honor persons who have made significant contributions to the practice of applied psychology, dentistry, medicine, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, pharmacy, and other health care professions, and to improve the practices in such professions by disseminating information about new techniques and procedures.

Cosponsors: (0)

Sponsor:

Senator

Inouye, Daniel K.

[HI]

Status:

1/7/2003: Introductory remarks on measure.

(CR S72)

1/7/2003: Read twice and referred to the Committee on the Judiciary.

(text of measure as introduced: CR S72)

N

O

C

H

A

N

G

E

S. 345

Equal Access to Medicare Act of 2003

Introduced: February 11, 2003

Amends Title XVIII of the Social Security Act to prohibit physicians/health care practitioners from charging Medicare beneficiaries membership or other other incidental fees (or requiring the purchase of non-covered items or services).

Cosponsors: (4)

For a complete list of co-sponsors, please click here.

Sponsor:

Senator

Nelson, Bill

[FL]

Status:

2/11/2003: Introductory remarks on measure. (CR S2205)

2/11/2003: Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S2205)

U

P

D

A

T

E

D

S

T

A

T

U

S

S. 493

For a complete list of co-sponsors, please click here.

U

P

D

A

T

E

D

S

T

A

T

U

S