S2459-118

1. Short title This Act may be cited as the Enabling More of the Physical and Occupational Workforce to Engage in Rehabilitation Act or the EMPOWER Act.

2. Ensuring appropriate supervision requirements for outpatient physical therapy and outpatient occupational therapy Section 1834(v)(1) of the Social Security Act (42 U.S.C. 1395m(v)(1)) is amended, in the second sentence (as amended by subsection (a)), by inserting , but in no case shall the Secretary impose a supervision requirement on such services that is different than any such requirement under applicable State law before the period at the end. Section 1861(p) of the Social Security Act, is amended, in the first sentence of the flush matter following subparagraph (4)(B), by inserting , but in no case may those conditions impose a supervision requirement that is different than any such requirement under applicable State law after as the Secretary may find necessary. The amendments made this subsection shall take effect on July 1, 2024. Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this subsection by program instruction or otherwise. The Comptroller General of the United States (in this section referred to as the Comptroller General) shall conduct a study on how the 15 percent payment differential under section 1834(v) of the Social Security Act (42 U.S.C. 1395m(v)) for services furnished by occupational therapy assistants and physical therapists assistants has impacted access to occupational therapy and physical therapy services in rural and medically underserved areas across all settings Not later than December 31, 2025, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.