Legislative Therapy Day

Tuesday March 8th 2016

Capitol Building, Frankfort, KY

Agenda:

9:00 am - 9:15 am-Capitol Rotunda
Welcome from KOTA, KPTA and KSHA presidents, introduction of lobbyists and other key association leadership

9:15 am-9:40 am - Keynote speaker

9:40 am-10:00 am - Group photo/organize into constituent groups

10:00 am-10:50 am - Meet with other KOTA members in Annex Room 129 to be addressed by KOTA Leaders, KOTA Lobbyist Karen Lentz and Board Members from KBLOT.

*The three most important issues for discussion with your Legislator are Certificate of Need, Recreational Therapist Licensure Bill and Athletic Trainer Legislation.*

CON (Certificate of Need) - This issue pertains to the fact that small multi-disciplinary therapy practices are required to obtain a CON (Certificate of Need) to practice in Kentucky and it is creating an access problem, particularly for the most vulnerable populations in the Medicaid program. Until recently, therapy services for these vulnerable populations have been billed through an agency such as home health or adult day centers; however, now therapists have to bill using their own provider number and bill directly. This has created many problems because of the CON requirement for therapy services if the business has employees from more than one discipline. Even though Kentucky law requires a CON, it is important to note that the federal government (CMS) does not require a Certificate of Need.

KOTA would like to remove the CON requirement for the smallest multi-disciplinary therapy practices. We believe that only practices that have a capital investment of more than $100,000 should have to go through the cumbersome and costly CON process. Hopefully, KOTA will have a bill filed and a bill number by March 8th.
Recreational Therapist Licensure Bill - HB 329 uses the definition of recreation therapy as it is on the American Therapeutic Recreation Associaton’s (ATRA) website and KOTA has had a long standing issue with this definition since it does not clearly delineate that recreational modalities are designed to improve performance in recreational and leisure activities. Essentially, this is taking the OT definition and dropping RT into it.

Athletic Trainers – KOTA has worked with Athletic Trainers over the past several years per their request to change the law allowing them to bill insurance companies. We have explained that we can support this change after they have updated their statutes and regulations to include more details about the practice of athletic training. The current definition of an athlete, according to ATs, would include an 85 year old woman with diabetes, hypertension and a hip problem as long as she participates in an activity like a mall walking club. ATs do not currently treat these types of individuals as their definition of an athlete is too broad and consequently, they cannot seek insurance payment. If that payment is approved, ATs will be allowed to see individuals who should not be classified as athletes. KOTA has provided the ATs with language from other states’ athletic trainer laws that we can support, but so far, they have not altered their language. ATs say that insurance billing is allowed in 48 states; however, the reality is that these states are silent on the topic of insurance and they are only currently being billed in 3 or 4 states. KOTA is willing to continue working with the Athletic Trainers, but the ATs have not accepted our offer to keep an open dialogue on this topic.

Here is the link to find you legislator: http://www.lrc.ky.gov/Find%20Your%20Legislator/Find%20Your%20Legislator.html

Kentucky Legislature wesbite: http://www.lrc.ky.gov