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ALERTS





T
he Department of Labor (DOL) has been revising its regulations to address The National Defense Authorization Act which amended the Family & Medical Leave Act (FMLA) to address the two new leave entitlements relating to military duty. The DOL's new regulations also address other aspects of the FMLA regarding the definition of a serious health condition, employer and employee notice requirements and medical certification forms including fitness for duty certifications. The attached article provides an overview of some of the changes that are most pertinent to you and your industry. These changes go into effect on January 16, 2009.

CLICK HERE TO SEE FULL FMLA ARTICLE





The Federal physician self-referral law (Stark II) prohibits physicians from referring Medicare patients for certain health care services to entities with which the physicians or their immediate family members have a financial relationship. A financial relationship can be either an ownership interest or a compensation arrangement, and can be direct or indirect. The law also prohibits an entity from billing for services provided as a result of the prohibited referral. However, there are a number of exceptions to the law including an exemption for "in-office ancillary services" which impacts the PT profession.

CLICK LINK BELOW TO VIEW FULL ARTICLE
http://www.apta.org/AM/Template.cfm?Section=Fraud_and_Abuse&
Template=/MembersOnly.cfm&ContentID=43850






Therapy Cap - 7 Days for Congressional Action on Extending the Therapy Cap Exceptions Process and avoiding a 10.6% cut in Payments!


It is critical that Congress pass legislation in this week period to extend the therapy cap exceptions process and to avoid the scheduled 10.6% cut in provider payments under the Medicare physician fee schedule.


Background
Without Congressional action, the therapy cap will return on July 1, 2008 as an $1810 per beneficiary per year cap. This cap is a shared cap for physical therapy and speech language pathology services and exempts the hospital outpatient department. In 2008, this cap will be for services delivered on July 1, 2008 through December 31, 2008. Congress will also need to pass legislation to override regulations that will implement a 10.6% cut to payments under the Medicare physician fee schedule. Physical therapists in private practice transitioned to the fee schedule in 1992 and all other outpatient physical therapy setting began billing the fee schedule in 1997.

Timing
It is projected that the Senate will move legislation the week of June 9th. This is a tentative date and as details become available we will communicate these details as information bulletins to the PTeam. After the Senate passes legislation, it will be sent to the House of Representatives for consideration and then the President. The bill will only address expiring provisions under Medicare that occur on July 1, 2008 such as the therapy cap exceptions process, the fee schedule update, and other rural payment updates.

Message
CONGRESS NEEDS TO PASS LEGISLATION BY JUNE 30, 2008 TO EXTEND THE THERAPY CAP EXCEPTIONS PROCESS AND AVOID THE 10.6% CUT IN PROVIDER PAYMENTS UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.

What You Can Do?

Call your Members of Congress TODAY!
To reach your Member of Congress, contact the Capitol switchboard at (202) 224-3121. Ask the operator to direct you to your Member of Congress. If you do not know your Members of Congress, you can find out by utilizing the Legislative Action Center.

Send an email, fax or letter to your Members of Congress TODAY! For sample letters and easy access to contacting your Members of Congress by electronic means or download and print letters, utilize APTA's Legislative Action Center.

Request your patients to contact Congress on this issue through APTA's Patient Action Center. This site is designed to educate patients on the issue and to provide easy access to form emails and letters for them to contact Congress.

Send to A Colleague. Forward this action alert to a colleague and have them sign up for PTeam. PTeam will be the main source of information for legislative updates and breaking news on the effort to pass legislation to extend the therapy cap exceptions process and avoid the 10.6% cut.

Thanks for your help in getting the message through to Congress!


 

 

 

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