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CMS-1403-FC revising the stem statement to remove the reference to the physician’s presence in emergency situations. 6. Technical Changes for Rehabilitation Agencies Under section 1861(p) of the Act, rehabilitation agencies are tasked with furnishing outpatient physical therapy and speech-language pathology services. Unlike CORFs, which provide comprehensive outpatient rehabilitation services, rehabilitation agencies primarily provide physical therapy services. Some of the other services offered by CORFs, such as respiratory therapy and social services are outside the scope of rehabilitation agency practice. The current definition of “rehabilitation agency” at §485.703 (paragraph (2)(ii) of the definition) requires that rehabilitation agencies provide social or vocational adjustment services. This requirement is outside of the rehabilitation agency’s scope of practice and has caused confusion for these providers because we do not reimburse rehabilitation agencies for furnishing social or vocational services. Accordingly, in §485.703, we proposed to delete the requirement in paragraph (2)(ii) of the rehabilitation agency definition requiring a rehabilitation agency provide social or vocational services. 380
CMS-1403-FC The following is a summary of the comments received concerning the technical change and our responses. Comment: Most commenters responded in support of this proposed revision. Some commenters stated that this requirement, which is an unfunded mandate, is burdensome, and that patients often resent being required to release their personal information to a social worker they will likely never meet or work with. The commenters also agreed that social and vocational services are outside the scope of practice for rehabilitation agencies. Response: We thank the commenters for their support of this change. As a result of the public comments, we are finalizing the provision as proposed. We also proposed to make a conforming change at §485.717, the Condition of participation: Rehabilitation program. At 485.711(b)(3), we proposed to remove the reference to §410.61(e), since §410.61(e) no longer exists in regulation. The following is a summary of the comments received concerning this technical change and our responses. Comment: Some commenters concurred with this conforming change while others objected to this conforming change because the commenters believe that we did not also address the statement in §485.711(b)(3) that states that 381
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<strong>CMS</strong>-1403-FC<br />
The following is a summary of the comments received<br />
concerning the technical change and our responses.<br />
Comment: Most commenters responded in support of this<br />
proposed revision. Some commenters stated that this<br />
requirement, which is an unfunded mandate, is burdensome,<br />
and that patients often resent being required to release<br />
their personal information to a social worker they will<br />
likely never meet or work with. The commenters also agreed<br />
that social and vocational services are outside the scope<br />
of practice for rehabilitation agencies.<br />
Response: We thank the commenters for their support of<br />
this change. As a result of the public comments, we are<br />
finalizing the provision as proposed.<br />
We also proposed to make a conforming change at<br />
§485.717, the Condition of participation: Rehabilitation<br />
program. At 485.711(b)(3), we proposed to remove the<br />
reference to §410.61(e), since §410.61(e) no longer exists<br />
in regulation.<br />
The following is a summary of the comments received<br />
concerning this technical change and our responses.<br />
Comment: Some commenters concurred with this<br />
conforming change while others objected to this conforming<br />
change because the commenters believe that we did not also<br />
address the statement in §485.711(b)(3) that states that<br />
381