Legislative & Regulatory

AOPA is your voice in Washington, advocating for federal policies that protect O&P businesses and preserve patient access to quality care.

Medicare Orthotics and Prosthetics Patient-Centered Care Act

Take Action: ask your Members of Congress to cosponsor the Medicare O&P Patient Centered Care Act now!

H.R. 1990 -Original Cosponsors include: Reps. Mike Thompson (D–CA), Brett Guthrie (R–KY), GK Butterfield (D–NC), and GT Thompson (R–PA). Additional Cosponsors.

S. 2556 – Original Cosponsors include: Senators Mark Warner (D-VA), Steve Daines (R-MT), Tammy Duckworth (D-IL), Chuck Grassley (R-IA), John Cornyn (R-TX) and Bill Cassidy (R-LA) Additional Cosponsors.

• Click here to see Senate bill backgrounder
• Read the press release here

Note: The Senate and House versions of the bill are identical.

The Medicare Orthotic and Prosthetic Patient-Centered Care Act will ensure orthotic and prosthetic (“O&P”) patients have access to quality care and will reduce fraud and abuse in the Medicare O&P benefit. Specifically, this legislation will fundamentally ensure that patients are receiving the best quality care by licensed, credentialed, and trained professionals, guarantee that patient care is easily accessible, and reduce fraud and abuse that carries both a patient care and financial cost.

The legislation would accomplish four patient-centric goals:

• Differentiates O&P Clinical Care from Durable Medical Equipment: The legislation would differentiate in statute the clinical, service-oriented nature in which O&P care is provided from durable medical equipment (DME). DME is totally different than O&P care and should be treated separately in statute and regulations. O&P clinical care would no longer be viewed through a DME lens, permitting more appropriate regulation.
• Refine Competitive Bidding of Off-the-Shelf Orthotics: Revises the interpretation of “off-the-shelf” (OTS) orthotics for purposes of competitive bidding by clarifying that the Centers for Medicare and Medicaid Services may only competitively bid orthoses that require “minimal self-adjustment” by patients themselves, restoring congressional intent and ensuring that patients in need of custom fit orthoses will continue to have the clinical care necessary to achieve proper orthotic fit and function.
• Exempts Appropriately Credentialed Clinicians from Competitive Bidding: This bill would exempt certified and/or licensed orthotists and prosthetists from the requirement to have a competitive bidding contract in order to provide OTS orthoses to their patients, much like the law treats therapists and physicians. These orthoses would be subject to the competitive bidding rate so this provision would increase patient convenience without increasing Medicare outlays.
• Prohibits “Drop Shipping” of Custom Fit and Fabricated O&P: The bill would reduce waste, fraud, and abuse by prohibiting “drop shipping” of all prosthetic limbs and orthotic braces that are not truly OTS (i.e., subject to minimal self– adjustment by the patient). This would save Medicare outlays and ensure the provision of clinical O&P care.

Medicare Orthotic and Prosthetic Patient-Centered Care Act FAQ

Visit AOPAvotes to request that your lawmakers co-sponsor the bill.

If you have any questions, contact Ashlie White, Director of Health Policy and Strategic Affairs at awhite@AOPAnet.org.