Outpatient Therapy Caps

Bookmark and ShareTherapy Cap is Bad Public Policy

Seniors and persons with disabilities are subject to an annual financial limit on outpatient physical therapy and speech language pathology services and a separate limit on occupational therapy services under the Medicare program. The current “cap” on these therapy services is $1860. To ensure beneficiary access to medically necessary rehabilitation services beyond the arbitrary caps, Congress established a therapy cap exceptions process in 2006.  Congress has extended the exceptions process several times.

The exceptions process is currently authorized through December 31, 2010.
 
NASL has been a strong critic of therapy caps and has been a leading force in successful advocacy efforts to extend the exceptions process. 
 
Therapy caps bear no relationship to the medical and clinical needs of patients requiring therapy services.  They simply cut off care when it reaches a certain threshold.  The caps are insensitive to patients suffering from acute diseases or injuries, or patients who have multiple injuries or diseases in a single year.  Imposition of therapy caps would do the following:
 
  • Discriminate against the oldest and sickest Medicare beneficiaries
  • Deny access to essential care for our most vulnerable citizens
  • Force the 12-13 percent of the beneficiaries that need therapy services beyond the arbitrary cap to ration their care or forgo medically necessary care altogether
  • Punish patients suffering from stroke or other circulatory-related ailments, Parkinson's disease and musculoskeletal disorders, such as osteoporosis, who tend to require more care
  • Push beneficiaries requiring services above the cap into seeking care in outpatient hospital settings if it is available to their area
  • Limit access to necessary therapy for patients requiring more than one episode of therapy care in a year - not uncommon for Medicare beneficiaries 
The uncertainty that has surrounded the therapy cap issue during the past decade, points toward a compelling need for the Centers for Medicare and Medicaid Services (CMS) to modernize its payment policies for therapy services by developing and implementing a permanent, condition-based payment system that would ensure that frail and elderly patients have access to medically necessary rehabilitative care.

NASL Action 

NASL has played a leading role in the successful effort to gain congressional passage of legislation to extend the therapy cap exceptions process. NASL also mounted a major research initiative to analyze therapy data collected by several NASL members. This information has been used to press for an episodic based payment system.

Join the NASL Medical Services Committee