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In 1997 the
Balanced Budget Act The Balanced Budget Act of 1997 () was an omnibus legislative package enacted by the United States Congress, using the budget reconciliation process, and designed to balance the federal budget by 2002. This act was enacted during Bill Clinton's ...
established annual per-beneficiary Medicare spending limits, or therapy cap, for outpatient
physical therapy Physical therapy (PT), also known as physiotherapy, is one of the allied health professions. It is provided by physical therapists who promote, maintain, or restore health through physical examination, diagnosis, management, prognosis, patient ...
,
occupational therapy Occupational therapy (OT) is a global healthcare profession. It involves the use of assessment and intervention to develop, recover, or maintain the meaningful activities, or ''occupations'', of individuals, groups, or communities. The field of ...
and
speech language pathology Speech is a human vocal communication using language Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans ...
services covered under Medicare Part B. Facilities affected by the therapy cap include: private practice, physician offices, skilled nursing facilities, rehabilitations agencies, comprehensive outpatient rehabilitation facilities, critical access hospitals, and outpatient hospital departments. For 2014, the therapy cap amount is $1920 for physical therapy and speech pathology combined. A separate $1920 is allowed for occupational therapy services. Beneficiaries enrolled in Medicare Advantage plans are not subject to the therapy cap unless the plan chooses to apply the cap. Beginning in 1999, Congress placed repeated moratoria on the Therapy Cap through 2006. In 2006, an exception process was put into place through the
Deficit Reduction Act of 2005 The Deficit Reduction Act of 2005 is a United States Act of Congress concerning the federal budget that became law in 2006. Legislative history The Senate's version passed after a tie-breaking vote was cast by Vice President Dick Cheney. The bill ...
. The exception process allowed for additional therapy services "when medically necessary" up to $3,700 after which, a manual medical review was required before further payment was provided. Once the cap is reached, patients are required to pay out of pocket for further services. Without further legislation, the therapy cap exception process was to expire on March 31, 2015. At this time, hospital based outpatient clinics will no longer be subject to the therapy cap. On February 9, 2018, as part of the
Bipartisan Budget Act of 2018 The Bipartisan Budget Act of 2018 is a federal statute concerning spending and the budget in the United States, that was signed into law by President Donald Trump on February 9, 2018. Delays in the passage of the bill caused a nine-hour fundi ...
, President Donald Trump permanently removed therapy caps when he signed the bill into law.


Controversy

Several medical associations and organizations including the
American Physical Therapy Association The American Physical Therapy Association (APTA) is a U.S-based individual membership professional organization representing more than 100,000 member physical therapists, physical therapist assistants, and students of physical therapy. The nonpro ...
and
American Occupational Therapy Association The American Occupational Therapy Association (AOTA) is the national professional association established in 1917 to represent the interests and concerns of occupational therapy practitioners and students and improve the quality of occupational t ...
have lobbied against therapy caps because the bill restricted disabled seniors, stroke patients, and other severe cases from receiving therapy treatments. Another controversy is the original bill combined physical therapy and speech therapy together allowing only a shared $1810 per calendar year for both therapy services. This error has yet to be corrected by Congress, further limiting therapy services to outpatients.


Studies

The
Government Accountability Office The U.S. Government Accountability Office (GAO) is a legislative branch government agency that provides auditing, evaluative, and investigative services for the United States Congress. It is the supreme audit institution of the federal govern ...
have concluded through an independent study that the therapy caps are not meeting the needs of patients. The Study and Report on Outpatient Therapy Utilization by the Centers for Medicare and Medicaid Services (CMS) released in September 2002 concluded that older patients require more therapy than what the cap allowed: "patients who are female, older, minorities, live in certain geographic regions, require the services of institutional providers and suffer from complex medical conditions are more likely to require more costly outpatient therapy services than the general outpatient therapy population." The
American Heart Association The American Heart Association (AHA) is a nonprofit organization in the United States that funds cardiovascular medical research, educates consumers on healthy living and fosters appropriate cardiac care in an effort to reduce disability and death ...
concluded that the Medicare caps are costing the government more money in the long run, especially to stroke patients. According to their study, arbitrary caps on rehabilitation therapies punish stroke patients who often undergo needed extensive rehabilitation programs. More than 5.4 million Americans, including 4.4 million people with Medicare, are living with the consequences of stroke. The failure to properly treat and rehabilitate stroke patients costs $21.8 billion annually in lost productivity and disability expenses. A 2011 study produced a comprehensive cost analysis of for outpatient therapy services provided to individuals following a stroke. This study demonstrated the average cost of outpatient therapy services was $11,689 for the first year following a stroke. This amount is between 66 and 73% of the total outpatient cost of care, including medication, for 1 year following a stroke. An independently prepared utilization report for CMS indicated patients with diagnoses including stroke, cognitive deficits, diabetes, degeneration of multiple joints, prior joint replacement, Parkinson's disease will require therapy services beyond what is covered by the therapy cap.CMS Outpatient Therapy Payment Study
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References

{{DEFAULTSORT:Therapy Cap Medicare and Medicaid (United States) Physical therapy