10/16/19

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Jake McPherson - Chairperson, NYPTA Public Policy Committee

� What is a public policy plan?

� How is it created?� Why do we have

one?

� Where to I find this?

Talking Points?� Available at:� https://www.nypta.org/group/PP� APTA Action App

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Direct Access� Current Provision

� 10 visits OR 30 days (which ever is first)� 3 year practice experience requirement

� Limitations� 10 visit/30 day rule is arbitrary and not based on clinical

evidence � 3 year practice requirement is not consistent with the

training of today’s PT� Evidence supports that direct access to PT results in

decreased costs, improved outcomes, and ↓ opioid use

Direct Access Legislation� Improving Direct Access to Physical Therapist

Services [S.5460 Kennedy] / [A.7443 Pichardo]

� Removes 10-visit/30-day limitation AND the 3 year practice experience requirement

� Requires written communication to PCP or other provider� Requires that the PT refer out when patient is not

appropriate for physical therapy

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Direct Access Talking Points

High Copays� Currently no limitation to copay amounts imposed by

insurance companies.

� Classification as “specialists” has resulted in copayments that can meet or exceed the amount paid to the provider

� Results in limited ACCESS to PT and drives up downstream costs. Disproportionately impacts lower income individuals

High Copay Legislation� An Act to amend the insurance law, in relation to

physical therapy services [S.3751 (Breslin) / A.405(Cahill)]

� Would make PT copays = Primary Care Copays

� Similar legislation enacted in 11 other states

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High Copay Talking Points

PTA Licensure� NY is one of only 9 states using “certified” as

regulated status

� PTA’s must pass a national LICENSURE exam only to then be CERTIFIED in NYS

PTA Licensure Legislation� Licensure of the Physical Therapist Assistant

[S.4735 Griffo] / [A.3070 Zebrowski]

� Removes references to ”certification” and replaces with “licensed”

� No change in practice provisions

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PTA Licensure Talking Points

PTA and Workers’ Comp� NYS Workers’ Compensation is one of the only

payers that does not cover PT services provided by a PTA. � No other state restricts PTA’s from treating injured

workers

� There is no evidence that allowing PTAs to treat injured workers would increase costs, encourage excessive treatment, or threaten the integrity of the WC system.

PTA/Workers’ Comp Legislation� An act to amend the workers' compensation law, in

relation to physical therapy care provided through the workers' compensation system[A.3594/Zebrowski] / S.3969-A/Kennedy]

� Allows physical therapist services to be delivered by a PTA under supervision of the PT.

� Requires that the PT co-sign the treatment note� States PTA’s unable to perform IME’s

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PTA/Workers’ Comp Talking Points

Athletic Trainer Licensure

� NYPTA is conceptually supportive of AT practice act modernization

� Licensure

� Management of acute neurologic injuries

� NYPTA has several outstanding issues with current bill language

� Movement to masters’ degree not mandated until 2026

� Only 3 of 12 academic programs in NYS are accredited and educating at

masters’ level. 3/12 programs withdrawing their accreditation.

� “…various clinically appropriate therapeutic modalities and techniques”

� "athletic injury" means any injury sustained as a result of participation

in an exercise, a sport, a game, a recreational activity or any other activity that requires a level of strength, flexibility or agility that is

comparable to the level of strength, flexibility or agility required for an exercise, a sport, a game or a recreational activity.

Other priorities�Combating the Opioid Epidemic �Monitoring provisions of NYS budget�Protecting patients’ rights to provider

choice�Practice act advancement

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Thank you!

Questions?