LoBiondo Introduces Legislation to Prevent Implementation of 75 Percent Rule Against Patient Rehab Facilities
Continuing his fight to ensure patients across America will retain access to rehabilitative care, U.S. Congressman Frank A. LoBiondo (NJ-02) has introduced H.R. 1459, the "Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2007," along with Representatives John Tanner (TN-08), Nita Lowey (NY-18) and Kenny Hulshof (MO-09). Through the legislation, LoBiondo is seeking to prevent additional restrictive conditions against patients needing rehabilitative care which are scheduled to go into effect on July 1, 2007.
"Every day, patients throughout America are being turned away from rehabilitation hospitals because of unfair bureaucratic rules," said Congressman LoBiondo. "The 75 Percent Rule' is taking a toll on the health and recovery of Americans and it remains essential we change the way it is being implemented."
Under the "75 Percent Rule," a percentage of a rehab facility's admissions must fall within a specific list of conditions in order for that facility to be categorized as a rehabilitation hospital and receive Medicare funding. Currently, sixty percent of a rehab facility's admissions must fall within the list of conditions. Originally set to rise to sixty-five percent in 2006, LoBiondo secured a one-year delay in the increase within the Deficit Reduction Act of 2005. Without further action, the percentage will rise to sixty-five percent on July 1, 2007 and, after subsequent rises in the coming months, it will level off at seventy-five percent in 2008.
The "Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2007" will help ease this problem by allowing hospitals additional time to ensure they are in compliance with Medicare's rules, while still providing the unique care and services they give to the patients most in need. Specifically, the bill would hold the current sixty-percent threshold for compliance and ensure that appropriate medical necessity standards are utilized when evaluating the need for inpatient rehabilitation care.
Additionally, LoBiondo's legislation would require the Secretary of Health and Human Services to report to Congress on the impact of the "75 Percent Rule" on the Medicare program and its beneficiaries, as well as to suggest alternatives to the current "75 Percent Rule."
Richard Kathrins, CEO and President of the Bacharach Institute for Rehabilitation in Pomona, NJ, noted the importance of Congressional action to protect patient access to rehabilitation hospitals in Southern New Jersey.
"The congressional action to keep the threshold at 60% will ensure continued access to rehab services for our local communities. It also shows that Congress recognizes how valuable and beneficial rehabilitation is," said Mr. Kathrins of the Bacharach Institute for Rehabilitation. "Mr. LoBiondo's leadership and his aggressive action to defend and support the healthcare needs of our community are invaluable."
Dr. Francis Bonner Jr., Medical Director and CEO of the Rehabilitation Hospital of South Jersey, thanked Congressman LoBiondo for his unwavering leadership on this issue.
"We are very grateful for Congressman LoBiondo's tireless efforts to ensure access to health programs for the elderly particularly those with physical disabilities that interfere with their strength, mobility and independence," said Dr. Bonner of the Rehabilitation Hospital of South Jersey. "In the absence of adequate rehabilitation programs, these patients are frequently destined to reside in sites other than their home. Without the success of Congressman LoBiondo's legislation, many of these patients will be forced into sub-optimal levels of care and will experience correspondingly poor outcomes for continued life experience."
"Rehabilitation hospitals provide essential care to patients recovering from conditions such as stroke, hip replacement, and cardio-pulmonary disease. They treat individuals, both young and old, who are temporarily or permanently disabled and allow patients the chance to not only recover quicker, but to resume active and high quality lifestyles. Each and every day, patients are being denied the care they need and deserve," wrote Reps. LoBiondo, Tanner, Lowey and Hulshof in a letter to their Congressional colleagues in hopes of garnering additional support.
The "Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2007" is also supported by numerous national groups including the American Hospital Association, the American Medical Rehabilitation Providers Association, and the Federation of American Hospitals.