Page 10 - OPTA September 2018

Legislative
Report
Amanda Sines – Government Advantage Group
HB 131 Hearings Ongoing in the Senate
Legislation to update the practice act for physical therapists was introduced by Representatives Bill Reineke (R- Tiffin) and Theresa Gavarone (R – Bowling Green) earlier in 2017. As introduced, House Bill 131 would have made two updates to the practice of physical therapy: clarifying that “physical therapy” includes determining a diagnosis, and adding that physical therapy includes ordering diagnostic tests .
10 | September 2018 | OPTA
After hours of negotiations an agreement was reached . The Ohio State Medical Association, who came out as an opponent to the as-introduced
bill, agreed to take their positon to neutral by only moving the diagnosis portion of the bill . The agreed to language reads: "Physical therapy diagnosis" means a judgment that is made after examining
the neuromusculoskeletal system or evaluating or studying its symptoms and that utilizes the techniques and science of physical therapy to establish a plan of therapeutic intervention . "Physical therapy diagnosis" does not include
a medical diagnosis .
HB 131 was voted unanimously out of the House Health Committee on March 21 . On April 11, HB 131 passed out of the House of Representatives unanimously by a vote of 95-0 . The speeches and vote can be found by going here: http:// www .ohiochannel .org/video/ohio-house-of- representatives-4-11-2018 .
HB 131 was referred to the Senate Health, Human Services and Medicaid Committee . Representatives Gavarone and Reineke gave testimony before the committee on May 22 . They received no questions, but committee member Senator Randy Gardner commented that he was impressed that a bill on this topic was voted out of the House 95-0 . He went further to state it was a testament to the work the sponsors must have done and commended them on their work .
OPTA President Tonya Apke gave proponent testimony on June 5 and did not receive any questions . Chairman Burke did comment and thank her for her testimony and for reminding
the committee about physical therapists’ high level of training and education . At this hearing, the committee accepted an amendment regarding physiotherapy which takes language regarding
physiotherapy back to current law . It was previously changed by LSC but it was not a change requested by OPTA, so the amendment simply restores current law .
You can watch the proponent hearing using this link:
http://www .ohiochannel .org/collections/ohio-senate- health-human-services-and-medicaid-committee?2 . HB 131 hearing starts at about 53:40 .
One additional hearing was held June 26 . No testimony was submitted for this hearing . We hope to have the bill voted on by the Senate when the legislature returns from summer recess .
MEDICAID CONSIDERS RULE CHANGES
Skilled Nursing Rule – The Ohio Department of Medicaid has filed their new skilled therapy rule. This rule, 5160-8-35, proposes consolidating five skilled therapy rules into one . The full rule can be found here: http://www .registerofohio .state .oh .us/jsps/ publicdisplayrules/processPublicDisplayRules . jsp?entered_rule_no=5160-8- 35&doWhat=GETBYRULENUM&raID=0 .
A public hearing on the rule is scheduled for July 27, 2018 at 11am .
Eligible Providers of Medicaid Services – The Ohio Department of Medicaid is also considering revisions to their eligible provider rules. Specifically, 5160-1- 17 .8 makes revisions regarding offenses that would make providers eligible or ineligible to be a Medicaid provider . Many groups have raised concerns with this, as regulatory licensure boards should determine who is fit to practice. Also of concern, is the appendix of the rule lists PTs as having a “moderate” risk level, while most of other providers are “limited” in their risk . OPTA has reached out to Medicaid to see why there is a disparity in risk levels .
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