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RE: Re: So we can use techs or aides to perform part of our treatment? (Not medicare)

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I agree. But that's the problem, there should not be

such left up to interpretation. They do exactly what

you mention. They state skilled PT interventions can

be learned on the job (if the therapist thinks it is

adequate). Our laws and rules in each state should

specifically state " an aide cannot be utilized to

perform a-b-c.. " My Florida practice act specifies

what aides cannot do, but treatment is not one of

them. The duties that are specifically excluded for

aides do not mention treatment. So basically an aide

can perform any duties that a PTA can if trained on

the job. Unfortunately there are many therapists who

will use an aide beyond modality setup. If we use

aides for therapeutic exercise or manual therapy, we

are no different than a chiropractor using a

chiropractic assistant to provide billable services,

or an MD wanting to use a medical assistant or

athletic trainer. Our act needs to be amended.

Bisesi MPT COMT

Winter Haven, Fl

--- Ron Barbato wrote:

> My concern with this thread is the terminology -

> delegated duties, with

> established competency "

> Are we saying that skilled PT interventions can be

> " learned on the job "

> Fellow colleagues, that is a very slippery slope

> with significant

> implications

> Use of non licensed aides to perform skilled

> billable physical therapy

> service is unacceptable.

>

>

> Ron Barbato PT

> Administrative Director, Rehabilitation Services

> Ephraim McDowell Health

> Voice:

> Fax:

> rbarbato@...

> Member, KY Board of Physical Therapy

>

> PRIVILEGED AND CONFIDENTIAL: This transmission may

> contain information

> that is privileged subject to attorney-client

> privilege or attorney work

> product, confidential and/or exempt from disclosure

> under applicable

> law. If you are not the intended recipient, then

> please do not read it

> and be aware that any disclosure, copying,

> distribution, or use of the

> information contained herein (including any reliance

> thereon) is

> STRICTLY PROHIBITED. If you received this

> transmission in error, please

> immediately advise me, by reply e-mail, and delete

> this message and any

> attachments without retaining a copy in any form.

> Thank you.

>

>

> Re: So we can use techs or

> aides to perform part of

> our treatment? (Not medicare)

>

> - Ssate practice acts governing the rules and

> laws of PT

> differ greatly in that respect. However, over the

> last two decades,

> states have generally become more restrictive on

> delegation issues,

> following the lead of the APTA, which supports only

> the PT and the

> PTA are the only providers of physical therapy

> services. Here is a

> link from the Federation showing a state by state

> guide of this:

> http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/

>

> Don Walsh, PT, MS, OCS

> Gainesville GA

>

>

> >

> > Why does the Florida practice act appear to allow

> us

> > to delegate portions of treatment to aides and

> bill

> > for it? This is the " excemptions " section, please

> not

> > excemption (3). If an employer references this and

> > argues that an athletic trainer, or even a PT aide

> can

> > be trained by a PT to assist in the clinic for

> > non-medicare patients, how does a PT manager or PT

> > counter this point?

> >

> > 486.161 Exemptions.--

> >

> > (1) No provision of this chapter shall be

> construed

> > to prohibit any person licensed in this state from

> > using any physical agent as a part of, or

> incidental

> > to, the lawful practice of her or his profession

> under

> > the statutes applicable to the profession of

> > chiropractic physician, podiatric physician,

> doctor of

> > medicine, massage therapist, nurse, osteopathic

> > physician or surgeon, occupational therapist, or

> > naturopath.

> >

> > (2) No provision of this chapter shall be

> construed

> > to prohibit:

> >

> > (a) Any student who is enrolled in a school or

> course

> > of physical therapy approved by the board from

> > performing such acts of physical therapy as are

> > incidental to her or his course of study; or

> >

> > (B) Any physical therapist from another state

> from

> > performing physical therapy incidental to a course

> of

> > study when taking or giving a postgraduate course

> or

> > other course of study in this state, provided such

> > physical therapist is licensed in another

> jurisdiction

> > or holds an appointment on the faculty of a school

> > approved for training physical therapists or

> physical

> > therapist assistants.

> >

> > (3) No provision of this chapter prohibits a

> licensed

> > physical therapist from delegating, to a person

> > qualified by training, experience, or education,

> > specific patient care activities, as defined and

> > limited by board rule, to assist the licensed

> physical

> > therapist in performing duties in compliance with

> the

> > standards of the practice of physical therapy.

> > Specific patient care activities, as defined and

> > limited by board rule, must be performed under the

> > direct supervision of the licensed physical

> therapist

> > or physical therapist assistant in the immediate

> area,

> > if the person is not a licensed physical therapist

> > assistant.

> >

> >

> >

> >

> >

>

_____________________________________________________________________

> _______________

> > Be a better friend, newshound, and

> > know-it-all with Yahoo! Mobile. Try it now.

>

http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> >

>

>

>

> ------------------------------------

>

> In ALL messages to PTManager you must identify

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> and your location or else your message will not be

> approved to send to

> the full group.

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Guest guest

Hi Rob,

Please remember that CMS (Medicare) does not mandate that anyone has to see

one patient at a time. They do require truth in billing such that if you

are billing one-on-one codes, you better be treating one-on-one. And they

require the proper use of group billing codes when more than one Medicare

client is being seen at a time.

Whether we want to admit it or not, Medicare has simply responded to the

gross overutilization of one-on-one CPT codes by unscrupulous practices who

bilked Medicare for millions in fraud. And they responded to the gross

overutilization of aides to do " treatment " as well by mandating restrictions

on their use.

While I'm no fan of insurances and their rules, remember also that our

professional organization has agreed upon very restrictive policies on aide

use and utilization, policies based on hours and hours of testimony and

debate. These policies were not taken lightly but were based on what is in

the best interest of the public that we serve.

As I have stated before, it is my opinion that utilizing aides to do

treatment devalues our profession. Patients come to you clinic wanting to

see you, the PT, not your aide, not you and six other patients. Utilizing

aides is allowed in a lot of state practice acts, for sure, but it still is

a choice that a clinic owner can make. Insurances are demanding that PT's

honor the contracts that are signed to serve their beneficiaries in which it

is understood that their beneficiaries are being seen by a PT, not an aide.

I fail to see how delegating treatment to aides improves treatment. All I

see is that it is a way to see more patients in a day and make more money.

And as has been illustrated on this list, there are plenty of practitioners,

who follow the rules, that are doing just fine in the profit column AND are

not utilizing aides for treatment.

It is up to you to make the choice

Tom Howell, P.T., M.P.T.

Howell Physical Therapy

Eagle, ID

howellpt@...

_____

From: PTManager [mailto:PTManager ] On Behalf

Of Jordan

Sent: Friday, May 02, 2008 9:16 AM

To: PTManager

Subject: RE: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

It's feather ruffling time...You know guys, I completely agree with the

comments made on this posting with regards to delegation of skilled

interventions to aides. This debate crops up frequently in many different

circles and the result is always the same. I have one consideration on this

topic and I would like to request that we all just step back, take a breath,

and consider what is at stake. Most of you would agree that we are being

regulated to death by CMS and other government beaurocracies. Insurance

companies do not value what we do. Every day, we are told what to do, how

to do it, how long to do it and then after we do it, we are told that what

we did was not medically necessary. Many in our profession will adamantly

state that it is " unethical " to treat more than one patient at a time.

What? When did that get carved in stone? Since when is the senseless

mandate of a government regulatory agency (Medicare) the yardstick of

ethical practice? We have become so suppressed by Medicare, insurance

companies and physicians that we actually believe what we are incapable of

sound professional judgment. Our profession is de-volving in its ability to

determine its own destiny. Debates like this simply give credibility to

outside agencies bent on exerting ever-increasing control over us. As a

licensed professional each therapist should have the wherewithal and the

judgment to determine what is best for their patients and should have the

authority to delegate some of those responsibilities. Should techs be doing

manipulation or joint mobilization? Of course not! Could a tech be trained

to administer ultrasound, iontophoresis or apply electrodes? Of course they

could. Could a tech count repetitions of SLRs, QS, or shoulder pulleys?

I'm thinking, yes. I understand that " if you give some people and inch,

they will take a mile. " That is human nature. Is it right? NO. Should we

all put shackles on ourselves to prevent the bad ones from taking over the

world? I think not. Guys, all I am saying is let's not add more

burdensome regulations to an already over-regulated industry. If the guys

down the street are doing a bad job by using techs improperly, then dedicate

your efforts to doing a better job. The best revenge is to flourish and

prosper. Some advice from an old-timer.

Rob Jordan, PT, MPT, GCS, OCS

_____

From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

[mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com] On

Behalf

Of Ron Barbato

Sent: Friday, May 02, 2008 9:03 AM

To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

Subject: RE: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

My concern with this thread is the terminology - delegated duties, with

established competency "

Are we saying that skilled PT interventions can be " learned on the job "

Fellow colleagues, that is a very slippery slope with significant

implications

Use of non licensed aides to perform skilled billable physical therapy

service is unacceptable.

Ron Barbato PT

Administrative Director, Rehabilitation Services

Ephraim McDowell Health

Voice:

Fax:

HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

Member, KY Board of Physical Therapy

PRIVILEGED AND CONFIDENTIAL: This transmission may contain information

that is privileged subject to attorney-client privilege or attorney work

product, confidential and/or exempt from disclosure under applicable

law. If you are not the intended recipient, then please do not read it

and be aware that any disclosure, copying, distribution, or use of the

information contained herein (including any reliance thereon) is

STRICTLY PROHIBITED. If you received this transmission in error, please

immediately advise me, by reply e-mail, and delete this message and any

attachments without retaining a copy in any form. Thank you.

Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

- Ssate practice acts governing the rules and laws of PT

differ greatly in that respect. However, over the last two decades,

states have generally become more restrictive on delegation issues,

following the lead of the APTA, which supports only the PT and the

PTA are the only providers of physical therapy services. Here is a

link from the Federation showing a state by state guide of this:

HYPERLINK

" http://www.fsbpt. <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

<http://www.fsbpt.-org/> -org/

RegulatoryTo-ols/ReferenceGui-de/

Don Walsh, PT, MS, OCS

Gainesville GA

>

> Why does the Florida practice act appear to allow us

> to delegate portions of treatment to aides and bill

> for it? This is the " excemptions " section, please not

> excemption (3). If an employer references this and

> argues that an athletic trainer, or even a PT aide can

> be trained by a PT to assist in the clinic for

> non-medicare patients, how does a PT manager or PT

> counter this point?

>

> 486.161 Exemptions.---

>

> (1) No provision of this chapter shall be construed

> to prohibit any person licensed in this state from

> using any physical agent as a part of, or incidental

> to, the lawful practice of her or his profession under

> the statutes applicable to the profession of

> chiropractic physician, podiatric physician, doctor of

> medicine, massage therapist, nurse, osteopathic

> physician or surgeon, occupational therapist, or

> naturopath.

>

> (2) No provision of this chapter shall be construed

> to prohibit:

>

> (a) Any student who is enrolled in a school or course

> of physical therapy approved by the board from

> performing such acts of physical therapy as are

> incidental to her or his course of study; or

>

> (B) Any physical therapist from another state from

> performing physical therapy incidental to a course of

> study when taking or giving a postgraduate course or

> other course of study in this state, provided such

> physical therapist is licensed in another jurisdiction

> or holds an appointment on the faculty of a school

> approved for training physical therapists or physical

> therapist assistants.

>

> (3) No provision of this chapter prohibits a licensed

> physical therapist from delegating, to a person

> qualified by training, experience, or education,

> specific patient care activities, as defined and

> limited by board rule, to assist the licensed physical

> therapist in performing duties in compliance with the

> standards of the practice of physical therapy.

> Specific patient care activities, as defined and

> limited by board rule, must be performed under the

> direct supervision of the licensed physical therapist

> or physical therapist assistant in the immediate area,

> if the person is not a licensed physical therapist

> assistant.

>

>

>

>

>

____________-_________-_________-_________-_________-_________-_

____________-___

> Be a better friend, newshound, and

> know-it-all with Yahoo! Mobile. Try it now.

HYPERLINK

" http://mobile. <http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

<http://mobile.-y> -y

ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

>

---------------------------------------

In ALL messages to PTManager you must identify yourself, your discipline

and your location or else your message will not be approved to send to

the full group.

PTManager encourages participation in your professional association.

Join APTA, AOTA or ASHA and participate now!

Visit the NEW and IMPROVED www.InHomeRehab.-com.

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Guest guest

Tom,

I completely understand your statements. I think, however, you

misunderstood mine. I followed the rules for 18 years of practice.

There is no " choice " to make. If you seriously believe that you can

follow Medicare rules and " still do OK in the profit department " I

think I would have to respectfully disagree. My point was that we keep

tightening the reigns on ourselves by quoting high and mighty ethics.

I just think it is sad that we have lost the ability to think for

ourselves. Thank God we have Medicare to tell us what is ethical and

what is not. You are correct in stating that we have to choose.

Unfortunately, we have given up all rights to choose. As a result, we

spend 8-22 minutes counting straight leg raises. Do we need DPTs to do

that?

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

On May 2, 2008, at 1:41 PM, " thomas m howell "

wrote:

> Hi Rob,

>

> Please remember that CMS (Medicare) does not mandate that anyone has

> to see

> one patient at a time. They do require truth in billing such that if

> you

> are billing one-on-one codes, you better be treating one-on-one. And

> they

> require the proper use of group billing codes when more than one

> Medicare

> client is being seen at a time.

>

> Whether we want to admit it or not, Medicare has simply responded to

> the

> gross overutilization of one-on-one CPT codes by unscrupulous

> practices who

> bilked Medicare for millions in fraud. And they responded to the gross

> overutilization of aides to do " treatment " as well by mandating

> restrictions

> on their use.

>

> While I'm no fan of insurances and their rules, remember also that our

> professional organization has agreed upon very restrictive policies

> on aide

> use and utilization, policies based on hours and hours of testimony

> and

> debate. These policies were not taken lightly but were based on what

> is in

> the best interest of the public that we serve.

>

> As I have stated before, it is my opinion that utilizing aides to do

> treatment devalues our profession. Patients come to you clinic

> wanting to

> see you, the PT, not your aide, not you and six other patients.

> Utilizing

> aides is allowed in a lot of state practice acts, for sure, but it

> still is

> a choice that a clinic owner can make. Insurances are demanding that

> PT's

> honor the contracts that are signed to serve their beneficiaries in

> which it

> is understood that their beneficiaries are being seen by a PT, not

> an aide.

>

> I fail to see how delegating treatment to aides improves treatment.

> All I

> see is that it is a way to see more patients in a day and make more

> money.

> And as has been illustrated on this list, there are plenty of

> practitioners,

> who follow the rules, that are doing just fine in the profit column

> AND are

> not utilizing aides for treatment.

>

> It is up to you to make the choice

>

> Tom Howell, P.T., M.P.T.

>

> Howell Physical Therapy

>

> Eagle, ID

>

> howellpt@...

>

> _____

>

> From: PTManager [mailto:PTManager ]

> On Behalf

> Of Jordan

> Sent: Friday, May 02, 2008 9:16 AM

> To: PTManager

> Subject: RE: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> It's feather ruffling time...You know guys, I completely agree with

> the

> comments made on this posting with regards to delegation of skilled

> interventions to aides. This debate crops up frequently in many

> different

> circles and the result is always the same. I have one consideration

> on this

> topic and I would like to request that we all just step back, take a

> breath,

> and consider what is at stake. Most of you would agree that we are

> being

> regulated to death by CMS and other government beaurocracies.

> Insurance

> companies do not value what we do. Every day, we are told what to

> do, how

> to do it, how long to do it and then after we do it, we are told

> that what

> we did was not medically necessary. Many in our profession will

> adamantly

> state that it is " unethical " to treat more than one patient at a time.

> What? When did that get carved in stone? Since when is the senseless

> mandate of a government regulatory agency (Medicare) the yardstick of

> ethical practice? We have become so suppressed by Medicare, insurance

> companies and physicians that we actually believe what we are

> incapable of

> sound professional judgment. Our profession is de-volving in its

> ability to

> determine its own destiny. Debates like this simply give credibility

> to

> outside agencies bent on exerting ever-increasing control over us.

> As a

> licensed professional each therapist should have the wherewithal and

> the

> judgment to determine what is best for their patients and should

> have the

> authority to delegate some of those responsibilities. Should techs

> be doing

> manipulation or joint mobilization? Of course not! Could a tech be

> trained

> to administer ultrasound, iontophoresis or apply electrodes? Of

> course they

> could. Could a tech count repetitions of SLRs, QS, or shoulder

> pulleys?

> I'm thinking, yes. I understand that " if you give some people and

> inch,

> they will take a mile. " That is human nature. Is it right? NO.

> Should we

> all put shackles on ourselves to prevent the bad ones from taking

> over the

> world? I think not. Guys, all I am saying is let's not add more

> burdensome regulations to an already over-regulated industry. If the

> guys

> down the street are doing a bad job by using techs improperly, then

> dedicate

> your efforts to doing a better job. The best revenge is to flourish

> and

> prosper. Some advice from an old-timer.

>

> Rob Jordan, PT, MPT, GCS, OCS

>

> _____

>

> From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com] On

> Behalf

> Of Ron Barbato

> Sent: Friday, May 02, 2008 9:03 AM

> To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> Subject: RE: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> My concern with this thread is the terminology - delegated duties,

> with

> established competency "

> Are we saying that skilled PT interventions can be " learned on the

> job "

> Fellow colleagues, that is a very slippery slope with significant

> implications

> Use of non licensed aides to perform skilled billable physical therapy

> service is unacceptable.

>

> Ron Barbato PT

> Administrative Director, Rehabilitation Services

> Ephraim McDowell Health

> Voice:

> Fax:

> HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

> Member, KY Board of Physical Therapy

>

> PRIVILEGED AND CONFIDENTIAL: This transmission may contain information

> that is privileged subject to attorney-client privilege or attorney

> work

> product, confidential and/or exempt from disclosure under applicable

> law. If you are not the intended recipient, then please do not read it

> and be aware that any disclosure, copying, distribution, or use of the

> information contained herein (including any reliance thereon) is

> STRICTLY PROHIBITED. If you received this transmission in error,

> please

> immediately advise me, by reply e-mail, and delete this message and

> any

> attachments without retaining a copy in any form. Thank you.

>

> Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> - Ssate practice acts governing the rules and laws of PT

> differ greatly in that respect. However, over the last two decades,

> states have generally become more restrictive on delegation issues,

> following the lead of the APTA, which supports only the PT and the

> PTA are the only providers of physical therapy services. Here is a

> link from the Federation showing a state by state guide of this:

> HYPERLINK

> " http://www.fsbpt. <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/

> >

> org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> <http://www.fsbpt.-org/> -org/

> RegulatoryTo-ols/ReferenceGui-de/

>

> Don Walsh, PT, MS, OCS

> Gainesville GA

>

>

> >

> > Why does the Florida practice act appear to allow us

> > to delegate portions of treatment to aides and bill

> > for it? This is the " excemptions " section, please not

> > excemption (3). If an employer references this and

> > argues that an athletic trainer, or even a PT aide can

> > be trained by a PT to assist in the clinic for

> > non-medicare patients, how does a PT manager or PT

> > counter this point?

> >

> > 486.161 Exemptions.---

> >

> > (1) No provision of this chapter shall be construed

> > to prohibit any person licensed in this state from

> > using any physical agent as a part of, or incidental

> > to, the lawful practice of her or his profession under

> > the statutes applicable to the profession of

> > chiropractic physician, podiatric physician, doctor of

> > medicine, massage therapist, nurse, osteopathic

> > physician or surgeon, occupational therapist, or

> > naturopath.

> >

> > (2) No provision of this chapter shall be construed

> > to prohibit:

> >

> > (a) Any student who is enrolled in a school or course

> > of physical therapy approved by the board from

> > performing such acts of physical therapy as are

> > incidental to her or his course of study; or

> >

> > (B) Any physical therapist from another state from

> > performing physical therapy incidental to a course of

> > study when taking or giving a postgraduate course or

> > other course of study in this state, provided such

> > physical therapist is licensed in another jurisdiction

> > or holds an appointment on the faculty of a school

> > approved for training physical therapists or physical

> > therapist assistants.

> >

> > (3) No provision of this chapter prohibits a licensed

> > physical therapist from delegating, to a person

> > qualified by training, experience, or education,

> > specific patient care activities, as defined and

> > limited by board rule, to assist the licensed physical

> > therapist in performing duties in compliance with the

> > standards of the practice of physical therapy.

> > Specific patient care activities, as defined and

> > limited by board rule, must be performed under the

> > direct supervision of the licensed physical therapist

> > or physical therapist assistant in the immediate area,

> > if the person is not a licensed physical therapist

> > assistant.

> >

> >

> >

> >

> >

> ____________-_________-_________-_________-_________-_________-_

> ____________-___

> > Be a better friend, newshound, and

> > know-it-all with Yahoo! Mobile. Try it now.

> HYPERLINK

> " http://mobile. <http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> >

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> <http://mobile.-y> -y

> ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> >

>

> ---------------------------------------

>

> In ALL messages to PTManager you must identify yourself, your

> discipline

> and your location or else your message will not be approved to send to

> the full group.

>

> PTManager encourages participation in your professional association.

> Join APTA, AOTA or ASHA and participate now!

>

> Visit the NEW and IMPROVED www.InHomeRehab.-com.

>

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Guest guest

I disagree-we can't have practice acts being so specific as it will further

devalue and derail our attempt at autonomous providers. R Jordan's post was

right on.

Let me throw out an analogy. Years ago we had employee handbooks that were 3

inches thick as the industry tried to make a rule for every scenario out there.

As employment case law evolved, we were then instructed to do just the opposite.

Keep policies general and subject to interpretation and now our handbooks are

only a few pages.

Would a physician practice act list the delegated tasks that a nurse can do?

__________________________________________

Larry

Larry Benz

PT Development LLC

13000 Equity Place Suite 105

Louisville, KY 40223

larry@... (best way to reach)

mobile (Spinvox converts voice to email)

office

(Fax: only if you must)

LarryBenz MyPhysicalTherapySpace.com ID

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________________________________

From: PTManager [mailto:PTManager ] On Behalf Of

keith bisesi

Sent: Friday, May 02, 2008 1:18 PM

To: PTManager

Subject: RE: Re: So we can use techs or aides to perform part of our

treatment? (Not medicare)

I agree. But that's the problem, there should not be

such left up to interpretation. They do exactly what

you mention. They state skilled PT interventions can

be learned on the job (if the therapist thinks it is

adequate). Our laws and rules in each state should

specifically state " an aide cannot be utilized to

perform a-b-c.. " My Florida practice act specifies

what aides cannot do, but treatment is not one of

them. The duties that are specifically excluded for

aides do not mention treatment. So basically an aide

can perform any duties that a PTA can if trained on

the job. Unfortunately there are many therapists who

will use an aide beyond modality setup. If we use

aides for therapeutic exercise or manual therapy, we

are no different than a chiropractor using a

chiropractic assistant to provide billable services,

or an MD wanting to use a medical assistant or

athletic trainer. Our act needs to be amended.

Bisesi MPT COMT

Winter Haven, Fl

--- Ron Barbato <rbarbato@... <mailto:rbarbato%40emrmc.org> > wrote:

> My concern with this thread is the terminology -

> delegated duties, with

> established competency "

> Are we saying that skilled PT interventions can be

> " learned on the job "

> Fellow colleagues, that is a very slippery slope

> with significant

> implications

> Use of non licensed aides to perform skilled

> billable physical therapy

> service is unacceptable.

>

>

> Ron Barbato PT

> Administrative Director, Rehabilitation Services

> Ephraim McDowell Health

> Voice:

> Fax:

> rbarbato@... <mailto:rbarbato%40emrmc.org>

> Member, KY Board of Physical Therapy

>

> PRIVILEGED AND CONFIDENTIAL: This transmission may

> contain information

> that is privileged subject to attorney-client

> privilege or attorney work

> product, confidential and/or exempt from disclosure

> under applicable

> law. If you are not the intended recipient, then

> please do not read it

> and be aware that any disclosure, copying,

> distribution, or use of the

> information contained herein (including any reliance

> thereon) is

> STRICTLY PROHIBITED. If you received this

> transmission in error, please

> immediately advise me, by reply e-mail, and delete

> this message and any

> attachments without retaining a copy in any form.

> Thank you.

>

>

> Re: So we can use techs or

> aides to perform part of

> our treatment? (Not medicare)

>

> - Ssate practice acts governing the rules and

> laws of PT

> differ greatly in that respect. However, over the

> last two decades,

> states have generally become more restrictive on

> delegation issues,

> following the lead of the APTA, which supports only

> the PT and the

> PTA are the only providers of physical therapy

> services. Here is a

> link from the Federation showing a state by state

> guide of this:

> http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/

<http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

>

> Don Walsh, PT, MS, OCS

> Gainesville GA

>

>

> >

> > Why does the Florida practice act appear to allow

> us

> > to delegate portions of treatment to aides and

> bill

> > for it? This is the " excemptions " section, please

> not

> > excemption (3). If an employer references this and

> > argues that an athletic trainer, or even a PT aide

> can

> > be trained by a PT to assist in the clinic for

> > non-medicare patients, how does a PT manager or PT

> > counter this point?

> >

> > 486.161 Exemptions.--

> >

> > (1) No provision of this chapter shall be

> construed

> > to prohibit any person licensed in this state from

> > using any physical agent as a part of, or

> incidental

> > to, the lawful practice of her or his profession

> under

> > the statutes applicable to the profession of

> > chiropractic physician, podiatric physician,

> doctor of

> > medicine, massage therapist, nurse, osteopathic

> > physician or surgeon, occupational therapist, or

> > naturopath.

> >

> > (2) No provision of this chapter shall be

> construed

> > to prohibit:

> >

> > (a) Any student who is enrolled in a school or

> course

> > of physical therapy approved by the board from

> > performing such acts of physical therapy as are

> > incidental to her or his course of study; or

> >

> > (B) Any physical therapist from another state

> from

> > performing physical therapy incidental to a course

> of

> > study when taking or giving a postgraduate course

> or

> > other course of study in this state, provided such

> > physical therapist is licensed in another

> jurisdiction

> > or holds an appointment on the faculty of a school

> > approved for training physical therapists or

> physical

> > therapist assistants.

> >

> > (3) No provision of this chapter prohibits a

> licensed

> > physical therapist from delegating, to a person

> > qualified by training, experience, or education,

> > specific patient care activities, as defined and

> > limited by board rule, to assist the licensed

> physical

> > therapist in performing duties in compliance with

> the

> > standards of the practice of physical therapy.

> > Specific patient care activities, as defined and

> > limited by board rule, must be performed under the

> > direct supervision of the licensed physical

> therapist

> > or physical therapist assistant in the immediate

> area,

> > if the person is not a licensed physical therapist

> > assistant.

> >

> >

> >

> >

> >

>

__________________________________________________________

> _______________

> > Be a better friend, newshound, and

> > know-it-all with Yahoo! Mobile. Try it now.

>

http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> >

>

>

>

> ------------------------------------

>

> In ALL messages to PTManager you must identify

> yourself, your discipline

> and your location or else your message will not be

> approved to send to

> the full group.

>

> PTManager encourages participation in your

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> Join APTA, AOTA or ASHA and participate now!

>

> Visit the NEW and IMPROVED www.InHomeRehab.com.

>

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Guest guest

Hi Rob,

I wish I could lighten the discussion but I have no profound words to do

that today. It is easy to get discouraged by a wacky system of

reimbursement that requires us to follow wacky rules. I know I have asked

myself on more than one occasion if it is worth it. I wish that I could

lessen that discouragement that I feel in your posts but I can't.

I always have to be reminded, (as I was just recently on the discussion on

CPT codes) of the amount of time and hard work by our colleagues and peers

on the things that make up our every day practice. Ethics and rules are

there to protect the public we serve. The ethics and rules we try to follow

have been debated and discussed for years by people from all backgrounds and

all experiences in PT. These rules were not arrived at lightly and are

continually being reviewed as our practice changes. Most of the rules and

ethics required by insurances, including Medicare, mirror what the APTA has

set forth. But again, these rules and ethics are there to protect the

public, as they should. SO.we have controlled our own destiny by arriving

at rules and ethics set forth by our own peers.

Ethics are " high and mighty " and they should be. We serve the public and

they should be afforded every protection we can give them including the best

practice standards we can create. If only the public understood the

dedication and hard work and attention to ethical treatment that we have

worked on, they could plainly see what sets us apart from the personal

trainer who spent two hours online and get a certification and has no

standards or ethics in place to protect anyone!

Follow the rules and ethics, don't follow the rules and ethics, that is your

choice as is your choice to accept insurances or treat on a cash only basis.

You can disagree all you want but I will continue to let you and this

listserve know that you can follow the rules and ethics and still have a

successful profitable practice.

Tom Howell, P.T., M.P.T.

Howell Physical Therapy

Eagle, ID

howellpt@...

_____

From: PTManager [mailto:PTManager ] On Behalf

Of Jordan

Sent: Friday, May 02, 2008 8:40 PM

To: PTManager

Subject: Re: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

Tom,

I completely understand your statements. I think, however, you

misunderstood mine. I followed the rules for 18 years of practice.

There is no " choice " to make. If you seriously believe that you can

follow Medicare rules and " still do OK in the profit department " I

think I would have to respectfully disagree. My point was that we keep

tightening the reigns on ourselves by quoting high and mighty ethics.

I just think it is sad that we have lost the ability to think for

ourselves. Thank God we have Medicare to tell us what is ethical and

what is not. You are correct in stating that we have to choose.

Unfortunately, we have given up all rights to choose. As a result, we

spend 8-22 minutes counting straight leg raises. Do we need DPTs to do

that?

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

On May 2, 2008, at 1:41 PM, " thomas m howell " <thowellfiberpipe (DOT)

<mailto:thowell%40fiberpipe.net> net>

wrote:

> Hi Rob,

>

> Please remember that CMS (Medicare) does not mandate that anyone has

> to see

> one patient at a time. They do require truth in billing such that if

> you

> are billing one-on-one codes, you better be treating one-on-one. And

> they

> require the proper use of group billing codes when more than one

> Medicare

> client is being seen at a time.

>

> Whether we want to admit it or not, Medicare has simply responded to

> the

> gross overutilization of one-on-one CPT codes by unscrupulous

> practices who

> bilked Medicare for millions in fraud. And they responded to the gross

> overutilization of aides to do " treatment " as well by mandating

> restrictions

> on their use.

>

> While I'm no fan of insurances and their rules, remember also that our

> professional organization has agreed upon very restrictive policies

> on aide

> use and utilization, policies based on hours and hours of testimony

> and

> debate. These policies were not taken lightly but were based on what

> is in

> the best interest of the public that we serve.

>

> As I have stated before, it is my opinion that utilizing aides to do

> treatment devalues our profession. Patients come to you clinic

> wanting to

> see you, the PT, not your aide, not you and six other patients.

> Utilizing

> aides is allowed in a lot of state practice acts, for sure, but it

> still is

> a choice that a clinic owner can make. Insurances are demanding that

> PT's

> honor the contracts that are signed to serve their beneficiaries in

> which it

> is understood that their beneficiaries are being seen by a PT, not

> an aide.

>

> I fail to see how delegating treatment to aides improves treatment.

> All I

> see is that it is a way to see more patients in a day and make more

> money.

> And as has been illustrated on this list, there are plenty of

> practitioners,

> who follow the rules, that are doing just fine in the profit column

> AND are

> not utilizing aides for treatment.

>

> It is up to you to make the choice

>

> Tom Howell, P.T., M.P.T.

>

> Howell Physical Therapy

>

> Eagle, ID

>

> howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

>

> _____

>

> From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

[mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com]

> On Behalf

> Of Jordan

> Sent: Friday, May 02, 2008 9:16 AM

> To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> Subject: RE: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> It's feather ruffling time...You know guys, I completely agree with

> the

> comments made on this posting with regards to delegation of skilled

> interventions to aides. This debate crops up frequently in many

> different

> circles and the result is always the same. I have one consideration

> on this

> topic and I would like to request that we all just step back, take a

> breath,

> and consider what is at stake. Most of you would agree that we are

> being

> regulated to death by CMS and other government beaurocracies.

> Insurance

> companies do not value what we do. Every day, we are told what to

> do, how

> to do it, how long to do it and then after we do it, we are told

> that what

> we did was not medically necessary. Many in our profession will

> adamantly

> state that it is " unethical " to treat more than one patient at a time.

> What? When did that get carved in stone? Since when is the senseless

> mandate of a government regulatory agency (Medicare) the yardstick of

> ethical practice? We have become so suppressed by Medicare, insurance

> companies and physicians that we actually believe what we are

> incapable of

> sound professional judgment. Our profession is de-volving in its

> ability to

> determine its own destiny. Debates like this simply give credibility

> to

> outside agencies bent on exerting ever-increasing control over us.

> As a

> licensed professional each therapist should have the wherewithal and

> the

> judgment to determine what is best for their patients and should

> have the

> authority to delegate some of those responsibilities. Should techs

> be doing

> manipulation or joint mobilization? Of course not! Could a tech be

> trained

> to administer ultrasound, iontophoresis or apply electrodes? Of

> course they

> could. Could a tech count repetitions of SLRs, QS, or shoulder

> pulleys?

> I'm thinking, yes. I understand that " if you give some people and

> inch,

> they will take a mile. " That is human nature. Is it right? NO.

> Should we

> all put shackles on ourselves to prevent the bad ones from taking

> over the

> world? I think not. Guys, all I am saying is let's not add more

> burdensome regulations to an already over-regulated industry. If the

> guys

> down the street are doing a bad job by using techs improperly, then

> dedicate

> your efforts to doing a better job. The best revenge is to flourish

> and

> prosper. Some advice from an old-timer.

>

> Rob Jordan, PT, MPT, GCS, OCS

>

> _____

>

> From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com] On

> Behalf

> Of Ron Barbato

> Sent: Friday, May 02, 2008 9:03 AM

> To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> Subject: RE: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> My concern with this thread is the terminology - delegated duties,

> with

> established competency "

> Are we saying that skilled PT interventions can be " learned on the

> job "

> Fellow colleagues, that is a very slippery slope with significant

> implications

> Use of non licensed aides to perform skilled billable physical therapy

> service is unacceptable.

>

> Ron Barbato PT

> Administrative Director, Rehabilitation Services

> Ephraim McDowell Health

> Voice:

> Fax:

> HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

> Member, KY Board of Physical Therapy

>

> PRIVILEGED AND CONFIDENTIAL: This transmission may contain information

> that is privileged subject to attorney-client privilege or attorney

> work

> product, confidential and/or exempt from disclosure under applicable

> law. If you are not the intended recipient, then please do not read it

> and be aware that any disclosure, copying, distribution, or use of the

> information contained herein (including any reliance thereon) is

> STRICTLY PROHIBITED. If you received this transmission in error,

> please

> immediately advise me, by reply e-mail, and delete this message and

> any

> attachments without retaining a copy in any form. Thank you.

>

> Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> - Ssate practice acts governing the rules and laws of PT

> differ greatly in that respect. However, over the last two decades,

> states have generally become more restrictive on delegation issues,

> following the lead of the APTA, which supports only the PT and the

> PTA are the only providers of physical therapy services. Here is a

> link from the Federation showing a state by state guide of this:

> HYPERLINK

> " http://www.fsbpt. <http://www.fsbpt.

<http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

org/RegulatoryTools/ReferenceGuide/

> >

> org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> <http://www.fsbpt. <http://www.fsbpt.-org/> -org/> -org/

> RegulatoryTo-ols/ReferenceGui-de/

>

> Don Walsh, PT, MS, OCS

> Gainesville GA

>

>

> >

> > Why does the Florida practice act appear to allow us

> > to delegate portions of treatment to aides and bill

> > for it? This is the " excemptions " section, please not

> > excemption (3). If an employer references this and

> > argues that an athletic trainer, or even a PT aide can

> > be trained by a PT to assist in the clinic for

> > non-medicare patients, how does a PT manager or PT

> > counter this point?

> >

> > 486.161 Exemptions.---

> >

> > (1) No provision of this chapter shall be construed

> > to prohibit any person licensed in this state from

> > using any physical agent as a part of, or incidental

> > to, the lawful practice of her or his profession under

> > the statutes applicable to the profession of

> > chiropractic physician, podiatric physician, doctor of

> > medicine, massage therapist, nurse, osteopathic

> > physician or surgeon, occupational therapist, or

> > naturopath.

> >

> > (2) No provision of this chapter shall be construed

> > to prohibit:

> >

> > (a) Any student who is enrolled in a school or course

> > of physical therapy approved by the board from

> > performing such acts of physical therapy as are

> > incidental to her or his course of study; or

> >

> > (B) Any physical therapist from another state from

> > performing physical therapy incidental to a course of

> > study when taking or giving a postgraduate course or

> > other course of study in this state, provided such

> > physical therapist is licensed in another jurisdiction

> > or holds an appointment on the faculty of a school

> > approved for training physical therapists or physical

> > therapist assistants.

> >

> > (3) No provision of this chapter prohibits a licensed

> > physical therapist from delegating, to a person

> > qualified by training, experience, or education,

> > specific patient care activities, as defined and

> > limited by board rule, to assist the licensed physical

> > therapist in performing duties in compliance with the

> > standards of the practice of physical therapy.

> > Specific patient care activities, as defined and

> > limited by board rule, must be performed under the

> > direct supervision of the licensed physical therapist

> > or physical therapist assistant in the immediate area,

> > if the person is not a licensed physical therapist

> > assistant.

> >

> >

> >

> >

> >

> ____________-_________-_________-_________-_________-_________-_

> ____________-___

> > Be a better friend, newshound, and

> > know-it-all with Yahoo! Mobile. Try it now.

> HYPERLINK

> " http://mobile. <http://mobile.

<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> >

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> <http://mobile. <http://mobile.-y> -y> -y

> ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> >

>

> ---------------------------------------

>

> In ALL messages to PTManager you must identify yourself, your

> discipline

> and your location or else your message will not be approved to send to

> the full group.

>

> PTManager encourages participation in your professional association.

> Join APTA, AOTA or ASHA and participate now!

>

> Visit the NEW and IMPROVED www.InHomeRehab.-com.

>

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Guest guest

Here is my question to the group. Why do we keep

stating Medicare? It is not just Medicare. The

definition of skilled therapy and reasonable and

necessary is the same for all payers, not just

Medicare. Therapists, assistants, and/or aides

counting SLR's, watching a patient pedal on a bike or

walk on a treadmill, or watching a patient warm up on

the UBE or shoulder pulleys is non-skilled therapy

under Medicare and every other non-Medicare insurance

payer.

Regarding billing, yes, for Medicare, you have to

follow their " 8 Minute Rule " . Do you think other

payers do not have billing rules for you to follow? If

you answered no, you are mistaken. Non-Medicare

payers, unless they state different billing guidelines

that they follow in their policies, follow the

American Medical Associations (AMA) definition for

each timed code. Most of the timed codes for PT and OT

are timed in 15 minute increments. In the December

2003 edition of the CPT Assistant, AMA states you must

provide/perform a " substantial " portion of that 15

minutes in order to bill for that service. This

includes pre-, intra-, and postservice work. They give

this example when describing manual therapy, but

applies to all time-based codes. You get to define

" substantial " and then support your decision if the

insurance payer questions you.

Regarding Medicare and making a profit, if you provide

quality therapy (billing one-on-one codes) and not

many of the supervised or constant attendance codes,

you do get reimbursed better by Medicare than you do

by many of the non_Medicare payers such as Aetna,

Cigna, and United Healthcare on most of their

contracts that I have seen suppliers and providers

sign.

Many other factors are involved in profitability

besides the billing such as payer mix, cancel/no show

rate, time management skills of the

therapist/assistant, other fixed and variable expenses

of a clinic or organization, documentation systems,

etc. I would encourage each of us to look within our

clinic and organizations and look for ways to decrease

costs and inefficiencies and that will increase your

profit margin. I also encourage each of us not to sign

contracts where we lose money or break even. Those are

choices we make, not the payers or APTA, AOTA, or

ASHA.

Rick Gawenda, PT

President, Section on Health Policy & Administration

APTA

--- s wrote:

> Rob,

> you can have anyone you want sit with your patients

> and count

> straight leg raises and I dont care how many you do

> or how long it

> takes, having a tech or aide counting someone doing

> SLR is not there

> ex as defined by the CPT codes and is not billable,

> let the pt do

> the SLR at home and use your skills as a PT to

> provide treatments

> that actually require your skills and knowledge, of

> course that

> means you would have to be present and providing

> that patient with

> supervision and instruction and not looking over

> your shoulder while

> you are trying to pretend like you are manipulating

> another pateints

> shoulder. I tell anyone who asks that the best

> place to open a

> clinic is across the street from someone who has

> more

> techs/assistants than PT's. It has worked

> wonderfully for me.

>

> E. s, PT, DPT

> Orthopedic Clinical Specialist

> Fellow American Academy of Orthopedic Manual

> Therapists

> www.douglasspt.com

>

>

> >

> > > Hi Rob,

> > >

> > > Please remember that CMS (Medicare) does not

> mandate that anyone

> has

> > > to see

> > > one patient at a time. They do require truth in

> billing such

> that if

> > > you

> > > are billing one-on-one codes, you better be

> treating one-on-one.

> And

> > > they

> > > require the proper use of group billing codes

> when more than

> one

> > > Medicare

> > > client is being seen at a time.

> > >

> > > Whether we want to admit it or not, Medicare has

> simply

> responded to

> > > the

> > > gross overutilization of one-on-one CPT codes by

> unscrupulous

> > > practices who

> > > bilked Medicare for millions in fraud. And they

> responded to the

> gross

> > > overutilization of aides to do " treatment " as

> well by mandating

> > > restrictions

> > > on their use.

> > >

> > > While I'm no fan of insurances and their rules,

> remember also

> that our

> > > professional organization has agreed upon very

> restrictive

> policies

> > > on aide

> > > use and utilization, policies based on hours and

> hours of

> testimony

> > > and

> > > debate. These policies were not taken lightly

> but were based on

> what

> > > is in

> > > the best interest of the public that we serve.

> > >

> > > As I have stated before, it is my opinion that

> utilizing aides

> to do

> > > treatment devalues our profession. Patients come

> to you clinic

> > > wanting to

> > > see you, the PT, not your aide, not you and six

> other patients.

> > > Utilizing

> > > aides is allowed in a lot of state practice

> acts, for sure, but

> it

> > > still is

> > > a choice that a clinic owner can make.

> Insurances are demanding

> that

> > > PT's

> > > honor the contracts that are signed to serve

> their beneficiaries

> in

> > > which it

> > > is understood that their beneficiaries are being

> seen by a PT,

> not

> > > an aide.

> > >

> > > I fail to see how delegating treatment to aides

> improves

> treatment.

> > > All I

> > > see is that it is a way to see more patients in

> a day and make

> more

> > > money.

> > > And as has been illustrated on this list, there

> are plenty of

> > > practitioners,

> > > who follow the rules, that are doing just fine

> in the profit

> column

> > > AND are

> > > not utilizing aides for treatment.

> > >

> > > It is up to you to make the choice

> > >

> > > Tom Howell, P.T., M.P.T.

> > >

> > > Howell Physical Therapy

> > >

> > > Eagle, ID

> > >

> > > howellpt@...

> > >

> > > _____

> > >

> > > From: PTManager

> [mailto:PTManager ]

> > > On Behalf

> > > Of Jordan

> > > Sent: Friday, May 02, 2008 9:16 AM

> > > To: PTManager

> > > Subject: RE: Re: So we can use techs

> or aides to

> perform

> > > part of

> > > our treatment? (Not medicare)

> > >

> > > It's feather ruffling time...You know guys, I

> completely agree

> with

> > > the

> > > comments made on this posting with regards to

> delegation

=== message truncated ===

________________________________________________________________________________\

____

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Rick:

Perhaps the reason that Medicare (or federally funded payors) is frequently

mentioned is that they have superimposed rules that most payors don't follow or

simply don't use. These rules include " 8 minute " , type of supervision, explicit

description of who are providers (where PT and PTA are equals-isn't that a

hoot), use of student PT's etc.

There appears to be a certain faction of this listserve that believe that any

use of aids under any circumstances is grounds for penitentiary. Others appear

to take a practice act approach which allows for support personnel under

supervision. Unfortunately, there are many that drive 80 miles with the support

personnel on non medicare patients. Personally, I think driving 60 miles an

hour and allowing a PT who understands the practice act and medicare's

superimposed rules to make appropriate decisions for delegation makes the most

sense for a profession that is supporting an autonomous provider of choice.

__________________________________________

Larry

Larry Benz

PT Development LLC

13000 Equity Place Suite 105

Louisville, KY 40223

larry@... (best way to reach)

mobile (Spinvox converts voice to email)

office

(Fax: only if you must)

LarryBenz MyPhysicalTherapySpace.com ID

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________________________________

From: PTManager [mailto:PTManager ] On Behalf Of

Rick Gawenda

Sent: Sunday, May 04, 2008 8:39 AM

To: PTManager

Subject: Re: Re: So we can use techs or aides to perform part of our

treatment? (Not medicare)

Here is my question to the group. Why do we keep

stating Medicare? It is not just Medicare. The

definition of skilled therapy and reasonable and

necessary is the same for all payers, not just

Medicare. Therapists, assistants, and/or aides

counting SLR's, watching a patient pedal on a bike or

walk on a treadmill, or watching a patient warm up on

the UBE or shoulder pulleys is non-skilled therapy

under Medicare and every other non-Medicare insurance

payer.

Regarding billing, yes, for Medicare, you have to

follow their " 8 Minute Rule " . Do you think other

payers do not have billing rules for you to follow? If

you answered no, you are mistaken. Non-Medicare

payers, unless they state different billing guidelines

that they follow in their policies, follow the

American Medical Associations (AMA) definition for

each timed code. Most of the timed codes for PT and OT

are timed in 15 minute increments. In the December

2003 edition of the CPT Assistant, AMA states you must

provide/perform a " substantial " portion of that 15

minutes in order to bill for that service. This

includes pre-, intra-, and postservice work. They give

this example when describing manual therapy, but

applies to all time-based codes. You get to define

" substantial " and then support your decision if the

insurance payer questions you.

Regarding Medicare and making a profit, if you provide

quality therapy (billing one-on-one codes) and not

many of the supervised or constant attendance codes,

you do get reimbursed better by Medicare than you do

by many of the non_Medicare payers such as Aetna,

Cigna, and United Healthcare on most of their

contracts that I have seen suppliers and providers

sign.

Many other factors are involved in profitability

besides the billing such as payer mix, cancel/no show

rate, time management skills of the

therapist/assistant, other fixed and variable expenses

of a clinic or organization, documentation systems,

etc. I would encourage each of us to look within our

clinic and organizations and look for ways to decrease

costs and inefficiencies and that will increase your

profit margin. I also encourage each of us not to sign

contracts where we lose money or break even. Those are

choices we make, not the payers or APTA, AOTA, or

ASHA.

Rick Gawenda, PT

President, Section on Health Policy & Administration

APTA

--- s <dosrinc@... <mailto:dosrinc%40att.net> > wrote:

> Rob,

> you can have anyone you want sit with your patients

> and count

> straight leg raises and I dont care how many you do

> or how long it

> takes, having a tech or aide counting someone doing

> SLR is not there

> ex as defined by the CPT codes and is not billable,

> let the pt do

> the SLR at home and use your skills as a PT to

> provide treatments

> that actually require your skills and knowledge, of

> course that

> means you would have to be present and providing

> that patient with

> supervision and instruction and not looking over

> your shoulder while

> you are trying to pretend like you are manipulating

> another pateints

> shoulder. I tell anyone who asks that the best

> place to open a

> clinic is across the street from someone who has

> more

> techs/assistants than PT's. It has worked

> wonderfully for me.

>

> E. s, PT, DPT

> Orthopedic Clinical Specialist

> Fellow American Academy of Orthopedic Manual

> Therapists

> www.douglasspt.com

>

>

> >

> > > Hi Rob,

> > >

> > > Please remember that CMS (Medicare) does not

> mandate that anyone

> has

> > > to see

> > > one patient at a time. They do require truth in

> billing such

> that if

> > > you

> > > are billing one-on-one codes, you better be

> treating one-on-one.

> And

> > > they

> > > require the proper use of group billing codes

> when more than

> one

> > > Medicare

> > > client is being seen at a time.

> > >

> > > Whether we want to admit it or not, Medicare has

> simply

> responded to

> > > the

> > > gross overutilization of one-on-one CPT codes by

> unscrupulous

> > > practices who

> > > bilked Medicare for millions in fraud. And they

> responded to the

> gross

> > > overutilization of aides to do " treatment " as

> well by mandating

> > > restrictions

> > > on their use.

> > >

> > > While I'm no fan of insurances and their rules,

> remember also

> that our

> > > professional organization has agreed upon very

> restrictive

> policies

> > > on aide

> > > use and utilization, policies based on hours and

> hours of

> testimony

> > > and

> > > debate. These policies were not taken lightly

> but were based on

> what

> > > is in

> > > the best interest of the public that we serve.

> > >

> > > As I have stated before, it is my opinion that

> utilizing aides

> to do

> > > treatment devalues our profession. Patients come

> to you clinic

> > > wanting to

> > > see you, the PT, not your aide, not you and six

> other patients.

> > > Utilizing

> > > aides is allowed in a lot of state practice

> acts, for sure, but

> it

> > > still is

> > > a choice that a clinic owner can make.

> Insurances are demanding

> that

> > > PT's

> > > honor the contracts that are signed to serve

> their beneficiaries

> in

> > > which it

> > > is understood that their beneficiaries are being

> seen by a PT,

> not

> > > an aide.

> > >

> > > I fail to see how delegating treatment to aides

> improves

> treatment.

> > > All I

> > > see is that it is a way to see more patients in

> a day and make

> more

> > > money.

> > > And as has been illustrated on this list, there

> are plenty of

> > > practitioners,

> > > who follow the rules, that are doing just fine

> in the profit

> column

> > > AND are

> > > not utilizing aides for treatment.

> > >

> > > It is up to you to make the choice

> > >

> > > Tom Howell, P.T., M.P.T.

> > >

> > > Howell Physical Therapy

> > >

> > > Eagle, ID

> > >

> > > howellpt@...

> > >

> > > _____

> > >

> > > From: PTManager <mailto:PTManager%40yahoogroups.com>

> [mailto:PTManager <mailto:PTManager%40yahoogroups.com> ]

> > > On Behalf

> > > Of Jordan

> > > Sent: Friday, May 02, 2008 9:16 AM

> > > To: PTManager <mailto:PTManager%40yahoogroups.com>

> > > Subject: RE: Re: So we can use techs

> or aides to

> perform

> > > part of

> > > our treatment? (Not medicare)

> > >

> > > It's feather ruffling time...You know guys, I

> completely agree

> with

> > > the

> > > comments made on this posting with regards to

> delegation

=== message truncated ===

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Guest guest

We are all making good points here but were getting

away from the meat of the point. We can bicker over

what ther ex's are skilled and what are not. These

have nothing to do with the exercise itself, but

solely with the patient. If I have an 18 y/o ACL post

op with a weak VMO, and I have to repeatedly cue him

to lock his knee out or " lift the heel first " to

perform it correctly, I'm providing a skilled service.

We can't generalize exercises. Even a bike can be

skilled PT. The point is - Can I train a tech or aide

with exercises commonly used, deem them competent to

guide a patient through certain exercises and bill non

medicare insurances for it? Meaning, I prescribe the

exercise, the aide monitors the patient and cues them

on incorrect mechanics (because I have trained the

aide to do so). If you feel this is appropriate, your

are slapping PTA's in the face. That simply sends the

message, a PTA's 2 years of training and their license

are worthless. Unfortunately this is what many

corporate groups are doing to " cut costs. " Either cut

out some PTA's or even cut out PT's. A few of the

largest corporate chains are using techs to treat, or

a using a high ratio of PTA's to one PT business

model. One of the corporate titans uses PTA's in some

clinics as clinic directors and PRN's PT's to do evals

in several clinics. This only sets us up to diminish

our quality of care. That's a topic for my next post.

Bisesi MPT COMT

Winter Haven, FL.

--- Rick Gawenda wrote:

> Here is my question to the group. Why do we keep

> stating Medicare? It is not just Medicare. The

> definition of skilled therapy and reasonable and

> necessary is the same for all payers, not just

> Medicare. Therapists, assistants, and/or aides

> counting SLR's, watching a patient pedal on a bike

> or

> walk on a treadmill, or watching a patient warm up

> on

> the UBE or shoulder pulleys is non-skilled therapy

> under Medicare and every other non-Medicare

> insurance

> payer.

>

> Regarding billing, yes, for Medicare, you have to

> follow their " 8 Minute Rule " . Do you think other

> payers do not have billing rules for you to follow?

> If

> you answered no, you are mistaken. Non-Medicare

> payers, unless they state different billing

> guidelines

> that they follow in their policies, follow the

> American Medical Associations (AMA) definition for

> each timed code. Most of the timed codes for PT and

> OT

> are timed in 15 minute increments. In the December

> 2003 edition of the CPT Assistant, AMA states you

> must

> provide/perform a " substantial " portion of that 15

> minutes in order to bill for that service. This

> includes pre-, intra-, and postservice work. They

> give

> this example when describing manual therapy, but

> applies to all time-based codes. You get to define

> " substantial " and then support your decision if the

> insurance payer questions you.

>

> Regarding Medicare and making a profit, if you

> provide

> quality therapy (billing one-on-one codes) and not

> many of the supervised or constant attendance codes,

> you do get reimbursed better by Medicare than you do

> by many of the non_Medicare payers such as Aetna,

> Cigna, and United Healthcare on most of their

> contracts that I have seen suppliers and providers

> sign.

>

> Many other factors are involved in profitability

> besides the billing such as payer mix, cancel/no

> show

> rate, time management skills of the

> therapist/assistant, other fixed and variable

> expenses

> of a clinic or organization, documentation systems,

> etc. I would encourage each of us to look within our

> clinic and organizations and look for ways to

> decrease

> costs and inefficiencies and that will increase your

> profit margin. I also encourage each of us not to

> sign

> contracts where we lose money or break even. Those

> are

> choices we make, not the payers or APTA, AOTA, or

> ASHA.

>

> Rick Gawenda, PT

> President, Section on Health Policy & Administration

> APTA

>

>

> --- s wrote:

>

> > Rob,

> > you can have anyone you want sit with your

> patients

> > and count

> > straight leg raises and I dont care how many you

> do

> > or how long it

> > takes, having a tech or aide counting someone

> doing

> > SLR is not there

> > ex as defined by the CPT codes and is not

> billable,

> > let the pt do

> > the SLR at home and use your skills as a PT to

> > provide treatments

> > that actually require your skills and knowledge,

> of

> > course that

> > means you would have to be present and providing

> > that patient with

> > supervision and instruction and not looking over

> > your shoulder while

> > you are trying to pretend like you are

> manipulating

> > another pateints

> > shoulder. I tell anyone who asks that the best

> > place to open a

> > clinic is across the street from someone who has

> > more

> > techs/assistants than PT's. It has worked

> > wonderfully for me.

> >

> > E. s, PT, DPT

> > Orthopedic Clinical Specialist

> > Fellow American Academy of Orthopedic Manual

> > Therapists

> > www.douglasspt.com

> >

> >

> > >

> > > > Hi Rob,

> > > >

> > > > Please remember that CMS (Medicare) does not

> > mandate that anyone

> > has

> > > > to see

> > > > one patient at a time. They do require truth

> in

> > billing such

> > that if

> > > > you

> > > > are billing one-on-one codes, you better be

> > treating one-on-one.

> > And

> > > > they

> > > > require the proper use of group billing codes

> > when more than

> > one

> > > > Medicare

> > > > client is being seen at a time.

> > > >

> > > > Whether we want to admit it or not, Medicare

> has

> > simply

> > responded to

> > > > the

> > > > gross overutilization of one-on-one CPT codes

> by

> > unscrupulous

> > > > practices who

> > > > bilked Medicare for millions in fraud. And

> they

> > responded to the

> > gross

> > > > overutilization of aides to do " treatment " as

> > well by mandating

> > > > restrictions

> > > > on their use.

> > > >

> > > > While I'm no fan of insurances and their

> rules,

> > remember also

> > that our

> > > > professional organization has agreed upon very

>

=== message truncated ===

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Guest guest

Larry,

Your analogy on the MPH is sound and certainly requires the " smart " clinical

decision making process that is needed today.

Vinod Seddy, DPT

RE: Re: So we can use techs

> or aides to

> perform

> > > part of

> > > our treatment? (Not medicare)

> > >

> > > It's feather ruffling time...You know guys, I

> completely agree

> with

> > > the

> > > comments made on this posting with regards to

> delegation

=== message truncated ===

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Guest guest

Larry,

I will disagree with you that CMS states therapists

and assistants are equal. CMS has a definition of a

clinician which does not include assistants. The

reason for this is a clinician makes clinical

judgments and is responsible for all services they are

permitted to provide. Under qualified professional is

where you see assistants added in addition to

therapists, physicians, and NPP's.

In addition, CMS clearly states in CMS Pub 100-02,

Chapter 15 that if the skills of a therapist are not

required, services provided by an assistant would not

be considered skilled therapy and reimbursed under the

Medicare program.

I will also state many other non-Medicare payers

clearly define who can provide the various types of

therapy services in their respective therapy policies.

For example, in Michigan, BCBS and Medicaid clearly

define who can provide therapy services.

I feel APTA AOTA, and ASHA need to work with more

national payers such as Aetna, Cigna, United

Healthcare, etc., on revisions to their therapy

policies to clearly define who a physician, doctor,

and qualified personnel are in regards to who can

refer to therapy and who can provide therapy services.

States must continue to work on revisions to their

respective State Practice Acts to clearly define who

providers of therapy services and how many PTA's a PT

can supervise.

My other comment I will make is many PT's PTA's, along

with OT's, OTA's, and SLP's do not know and/or

understand CMS rules and regulations as well as

non-Medicare payers. I give over 50 talks a year

around the country on this subject and hear the same

questions during each one of them. It is our

responsibility to educate them and I believe we need

to a better job of this in the educational programs

for all 3 disciplines.

I would encourage you to become involved within the

HPA Section as we are working on many of these

initiatives and I know you are a member. Here is your

personal invite. I hope you accept.

Rick Gawenda, PT

President, Section on Health Policy & Administration

APTA

--- Larry Benz wrote:

> Rick:

>

>

>

> Perhaps the reason that Medicare (or federally

> funded payors) is frequently mentioned is that they

> have superimposed rules that most payors don't

> follow or simply don't use. These rules include " 8

> minute " , type of supervision, explicit description

> of who are providers (where PT and PTA are

> equals-isn't that a hoot), use of student PT's etc.

>

>

>

> There appears to be a certain faction of this

> listserve that believe that any use of aids under

> any circumstances is grounds for penitentiary.

> Others appear to take a practice act approach which

> allows for support personnel under supervision.

> Unfortunately, there are many that drive 80 miles

> with the support personnel on non medicare patients.

> Personally, I think driving 60 miles an hour and

> allowing a PT who understands the practice act and

> medicare's superimposed rules to make appropriate

> decisions for delegation makes the most sense for a

> profession that is supporting an autonomous provider

> of choice.

>

>

>

>

>

> __________________________________________

>

> Larry

>

>

>

> Larry Benz

>

> PT Development LLC

>

> 13000 Equity Place Suite 105

>

> Louisville, KY 40223

>

>

>

> larry@... (best way to reach)

>

> mobile (Spinvox converts voice to

> email)

>

> office

>

> (Fax: only if you must)

>

> LarryBenz MyPhysicalTherapySpace.com ID

>

>

>

> CONFIDENTIALITY STATEMENT This message, including

> any attachments, contains confidential information

> intended for a specific individual and purpose. This

> email is covered by the Electronic Communications

> Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally

> privileged. If you are not the intended recipient,

> please contact the sender immediately by reply

> e-mail and destroy all copies. You are hereby

> notified that any disclosure, copying, or

> distribution of this message, or the taking of any

> action based on it, is strictly prohibited.

>

> Nothing in this message is intended to constitute an

> Electronic signature for the purpose of the

> Electronic Transactions Act (UETA) or the Electronic

> Signatures in Global and National Commerce

> Act( " E-Sign " ) unless a specific statement to the

> contrary is included in this message.

>

> Virus Protection: Although we have taken steps to

> ensure that this email and its attachments (if any)

> are free from any virus, the recipient should, in

> keeping with good computing practice, also check

> this email and any attachments for the presence of

> viruses.

>

> Internet Email Security: Please note that this

> email is sent without encryption and has been

> created in the knowledge that Internet email is most

> commonly sent without encryption. Unencrypted email

> is not a secure communications medium. Also, please

> note that it is possible to spoof or fake the return

> address found in the From section of an Internet

> email. There is no guarantee that the sender listed

> in the From section actually sent the email. We

> advise that you understand and observe this lack of

> security when emailing us.

>

>

>

> ________________________________

>

> From: PTManager

> [mailto:PTManager ] On Behalf Of Rick

> Gawenda

> Sent: Sunday, May 04, 2008 8:39 AM

> To: PTManager

> Subject: Re: Re: So we can use techs or

> aides to perform part of our treatment? (Not

> medicare)

>

>

>

> Here is my question to the group. Why do we keep

> stating Medicare? It is not just Medicare. The

> definition of skilled therapy and reasonable and

> necessary is the same for all payers, not just

> Medicare. Therapists, assistants, and/or aides

> counting SLR's, watching a patient pedal on a bike

> or

> walk on a treadmill, or watching a patient warm up

> on

> the UBE or shoulder pulleys is non-skilled therapy

> under Medicare and every other non-Medicare

> insurance

> payer.

>

> Regarding billing, yes, for Medicare, you have to

> follow their " 8 Minute Rule " . Do you think other

> payers do not have billing rules for you to follow?

> If

> you answered no, you are mistaken. Non-Medicare

> payers, unless they state different billing

> guidelines

> that they follow in their policies, follow the

> American Medical Associations (AMA) definition for

> each timed code. Most of the timed codes for PT and

> OT

> are timed in 15 minute increments. In the December

> 2003 edition of the CPT Assistant, AMA states you

> must

> provide/perform a " substantial " portion of that 15

> minutes in order to bill for that service. This

> includes pre-, intra-, and postservice work. They

> give

> this example when describing manual therapy, but

> applies to all time-based codes. You get to define

> " substantial " and then support your decision if the

> insurance payer questions you.

>

> Regarding Medicare and making a profit, if you

> provide

> quality therapy (billing one-on-one codes) and not

> many of the supervised or constant attendance codes,

> you do get reimbursed better by Medicare than you do

> by many of the non_Medicare payers such as Aetna,

> Cigna, and United Healthcare on most of their

> contracts that I have seen suppliers and providers

> sign.

>

> Many other factors are involved in profitability

> besides the billing such as payer mix, cancel/no

> show

> rate, time management skills of the

> therapist/assistant, other fixed and variable

> expenses

> of a clinic or organization, documentation systems,

> etc. I would encourage each of us to look within our

> clinic and organizations and look for ways to

> decrease

> costs and inefficiencies and that will increase your

> profit margin. I also encourage each of us not to

> sign

> contracts where we lose money or break even. Those

> are

> choices we make, not the payers or APTA, AOTA, or

> ASHA.

>

> Rick Gawenda, PT

> President, Section on Health Policy & Administration

> APTA

>

> --- s <dosrinc@...

> <mailto:dosrinc%40att.net> > wrote:

>

> > Rob,

> > you can have anyone you want sit with your

> patients

> > and count

> > straight leg raises and I dont care how many you

> do

> > or how long it

> > takes, having a tech or aide counting someone

> doing

> > SLR is not there

> > ex as defined by the CPT codes and is not

> billable,

> > let the pt do

> > the SLR at home and use your skills as a PT to

> > provide treatments

>

=== message truncated ===

________________________________________________________________________________\

____

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Guest guest

Rick:

Thanks for the invite.. Let me be clear on my statement that PT and PTA's are

equal. I meant this only from a reimbursement standpoint -not a practice act

issue. In fact, as I am sure you know, CMS policy is inconsistent in regards to

setting of PTA's where they can work independently in a rehab agency (meaning

you don't have to have a PT onsight) versus a PTPP where they cannot (this

restriction also includes POPTS). They are equal in the sense that they are the

only explicit providers of rehab per CMS policy. Your differentiation is right

on-just wanted my statement clarified.

I think it is a grave mistake for our section or the APTA to talk other national

providers into adopting medicare standards for the simple reason that it flies

in the face of an autonomous provider making decisions. We should be supportive

of state's practice acts and work against national policy standards. I can't

figure out why a profession that has transitioned to a doctorate degree with

roughly 7 years of training would try and reduce the decision making process of

a PT. Again, there are those that drive 80 miles per hour and abuse the

technician and supervision rules but let's not manage to them but to the 80%

plus percent that follows the rules. Do you see the AMA trying to drive

national coverage policies towards reducing the decision making of docs and what

their support personnel can and cannot do?

Lastly, (and I am in no way accusing you personally) I think there are many

folks giving lectures out propagating the myth that all PT has to be done by a

PT or PTA and that our practice act plays no role. It simply isn't true-except

in the cases like federally funded payors (and perhaps a few others) where they

have either explicit or superimposed rules. Furthermore, I think it would be

unwise for states to open up their practice act except for the cases where they

do not have direct access.

__________________________________________

Larry

Larry Benz

PT Development LLC

13000 Equity Place Suite 105

Louisville, KY 40223

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________________________________

From: PTManager [mailto:PTManager ] On Behalf Of

Rick Gawenda

Sent: Sunday, May 04, 2008 10:34 PM

To: PTManager

Subject: RE: Re: So we can use techs or aides to perform part of our

treatment? (Not medicare)

Larry,

I will disagree with you that CMS states therapists

and assistants are equal. CMS has a definition of a

clinician which does not include assistants. The

reason for this is a clinician makes clinical

judgments and is responsible for all services they are

permitted to provide. Under qualified professional is

where you see assistants added in addition to

therapists, physicians, and NPP's.

In addition, CMS clearly states in CMS Pub 100-02,

Chapter 15 that if the skills of a therapist are not

required, services provided by an assistant would not

be considered skilled therapy and reimbursed under the

Medicare program.

I will also state many other non-Medicare payers

clearly define who can provide the various types of

therapy services in their respective therapy policies.

For example, in Michigan, BCBS and Medicaid clearly

define who can provide therapy services.

I feel APTA AOTA, and ASHA need to work with more

national payers such as Aetna, Cigna, United

Healthcare, etc., on revisions to their therapy

policies to clearly define who a physician, doctor,

and qualified personnel are in regards to who can

refer to therapy and who can provide therapy services.

States must continue to work on revisions to their

respective State Practice Acts to clearly define who

providers of therapy services and how many PTA's a PT

can supervise.

My other comment I will make is many PT's PTA's, along

with OT's, OTA's, and SLP's do not know and/or

understand CMS rules and regulations as well as

non-Medicare payers. I give over 50 talks a year

around the country on this subject and hear the same

questions during each one of them. It is our

responsibility to educate them and I believe we need

to a better job of this in the educational programs

for all 3 disciplines.

I would encourage you to become involved within the

HPA Section as we are working on many of these

initiatives and I know you are a member. Here is your

personal invite. I hope you accept.

Rick Gawenda, PT

President, Section on Health Policy & Administration

APTA

--- Larry Benz <larry@...

<mailto:larry%40physicaltherapist.com> > wrote:

> Rick:

>

>

>

> Perhaps the reason that Medicare (or federally

> funded payors) is frequently mentioned is that they

> have superimposed rules that most payors don't

> follow or simply don't use. These rules include " 8

> minute " , type of supervision, explicit description

> of who are providers (where PT and PTA are

> equals-isn't that a hoot), use of student PT's etc.

>

>

>

> There appears to be a certain faction of this

> listserve that believe that any use of aids under

> any circumstances is grounds for penitentiary.

> Others appear to take a practice act approach which

> allows for support personnel under supervision.

> Unfortunately, there are many that drive 80 miles

> with the support personnel on non medicare patients.

> Personally, I think driving 60 miles an hour and

> allowing a PT who understands the practice act and

> medicare's superimposed rules to make appropriate

> decisions for delegation makes the most sense for a

> profession that is supporting an autonomous provider

> of choice.

>

>

>

>

>

> __________________________________________

>

> Larry

>

>

>

> Larry Benz

>

> PT Development LLC

>

> 13000 Equity Place Suite 105

>

> Louisville, KY 40223

>

>

>

> larry@... <mailto:larry%40physicaltherapist.com> (best way

to reach)

>

> mobile (Spinvox converts voice to

> email)

>

> office

>

> (Fax: only if you must)

>

> LarryBenz MyPhysicalTherapySpace.com ID

>

>

>

> CONFIDENTIALITY STATEMENT This message, including

> any attachments, contains confidential information

> intended for a specific individual and purpose. This

> email is covered by the Electronic Communications

> Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally

> privileged. If you are not the intended recipient,

> please contact the sender immediately by reply

> e-mail and destroy all copies. You are hereby

> notified that any disclosure, copying, or

> distribution of this message, or the taking of any

> action based on it, is strictly prohibited.

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> Nothing in this message is intended to constitute an

> Electronic signature for the purpose of the

> Electronic Transactions Act (UETA) or the Electronic

> Signatures in Global and National Commerce

> Act( " E-Sign " ) unless a specific statement to the

> contrary is included in this message.

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> Virus Protection: Although we have taken steps to

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> keeping with good computing practice, also check

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> Internet Email Security: Please note that this

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> note that it is possible to spoof or fake the return

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> ________________________________

>

> From: PTManager <mailto:PTManager%40yahoogroups.com>

> [mailto:PTManager <mailto:PTManager%40yahoogroups.com> ] On

Behalf Of Rick

> Gawenda

> Sent: Sunday, May 04, 2008 8:39 AM

> To: PTManager <mailto:PTManager%40yahoogroups.com>

> Subject: Re: Re: So we can use techs or

> aides to perform part of our treatment? (Not

> medicare)

>

>

>

> Here is my question to the group. Why do we keep

> stating Medicare? It is not just Medicare. The

> definition of skilled therapy and reasonable and

> necessary is the same for all payers, not just

> Medicare. Therapists, assistants, and/or aides

> counting SLR's, watching a patient pedal on a bike

> or

> walk on a treadmill, or watching a patient warm up

> on

> the UBE or shoulder pulleys is non-skilled therapy

> under Medicare and every other non-Medicare

> insurance

> payer.

>

> Regarding billing, yes, for Medicare, you have to

> follow their " 8 Minute Rule " . Do you think other

> payers do not have billing rules for you to follow?

> If

> you answered no, you are mistaken. Non-Medicare

> payers, unless they state different billing

> guidelines

> that they follow in their policies, follow the

> American Medical Associations (AMA) definition for

> each timed code. Most of the timed codes for PT and

> OT

> are timed in 15 minute increments. In the December

> 2003 edition of the CPT Assistant, AMA states you

> must

> provide/perform a " substantial " portion of that 15

> minutes in order to bill for that service. This

> includes pre-, intra-, and postservice work. They

> give

> this example when describing manual therapy, but

> applies to all time-based codes. You get to define

> " substantial " and then support your decision if the

> insurance payer questions you.

>

> Regarding Medicare and making a profit, if you

> provide

> quality therapy (billing one-on-one codes) and not

> many of the supervised or constant attendance codes,

> you do get reimbursed better by Medicare than you do

> by many of the non_Medicare payers such as Aetna,

> Cigna, and United Healthcare on most of their

> contracts that I have seen suppliers and providers

> sign.

>

> Many other factors are involved in profitability

> besides the billing such as payer mix, cancel/no

> show

> rate, time management skills of the

> therapist/assistant, other fixed and variable

> expenses

> of a clinic or organization, documentation systems,

> etc. I would encourage each of us to look within our

> clinic and organizations and look for ways to

> decrease

> costs and inefficiencies and that will increase your

> profit margin. I also encourage each of us not to

> sign

> contracts where we lose money or break even. Those

> are

> choices we make, not the payers or APTA, AOTA, or

> ASHA.

>

> Rick Gawenda, PT

> President, Section on Health Policy & Administration

> APTA

>

> --- s <dosrinc@... <mailto:dosrinc%40att.net>

> <mailto:dosrinc%40att.net> > wrote:

>

> > Rob,

> > you can have anyone you want sit with your

> patients

> > and count

> > straight leg raises and I dont care how many you

> do

> > or how long it

> > takes, having a tech or aide counting someone

> doing

> > SLR is not there

> > ex as defined by the CPT codes and is not

> billable,

> > let the pt do

> > the SLR at home and use your skills as a PT to

> > provide treatments

>

=== message truncated ===

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Guest guest

I fully agree with you, but you entirely missed the point. Is there

any way that PTs could be more suppressed as a profession? We have

lost the ability to think for ourselves. If Medicare says something,

it must be true.

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

> Rob,

> you can have anyone you want sit with your patients and count

> straight leg raises and I dont care how many you do or how long it

> takes, having a tech or aide counting someone doing SLR is not there

> ex as defined by the CPT codes and is not billable, let the pt do

> the SLR at home and use your skills as a PT to provide treatments

> that actually require your skills and knowledge, of course that

> means you would have to be present and providing that patient with

> supervision and instruction and not looking over your shoulder while

> you are trying to pretend like you are manipulating another pateints

> shoulder. I tell anyone who asks that the best place to open a

> clinic is across the street from someone who has more

> techs/assistants than PT's. It has worked wonderfully for me.

>

> E. s, PT, DPT

> Orthopedic Clinical Specialist

> Fellow American Academy of Orthopedic Manual Therapists

> www.douglasspt.com

>

>

> > > >

> > > > Why does the Florida practice act appear to allow us

> > > > to delegate portions of treatment to aides and bill

> > > > for it? This is the " excemptions " section, please not

> > > > excemption (3). If an employer references this and

> > > > argues that an athletic trainer, or even a PT aide can

> > > > be trained by a PT to assist in the clinic for

> > > > non-medicare patients, how does a PT manager or PT

> > > > counter this point?

> > > >

> > > > 486.161 Exemptions.---

> > > >

> > > > (1) No provision of this chapter shall be construed

> > > > to prohibit any person licensed in this state from

> > > > using any physical agent as a part of, or incidental

> > > > to, the lawful practice of her or his profession under

> > > > the statutes applicable to the profession of

> > > > chiropractic physician, podiatric physician, doctor of

> > > > medicine, massage therapist, nurse, osteopathic

> > > > physician or surgeon, occupational therapist, or

> > > > naturopath.

> > > >

> > > > (2) No provision of this chapter shall be construed

> > > > to prohibit:

> > > >

> > > > (a) Any student who is enrolled in a school or course

> > > > of physical therapy approved by the board from

> > > > performing such acts of physical therapy as are

> > > > incidental to her or his course of study; or

> > > >

> > > > (B) Any physical therapist from another state from

> > > > performing physical therapy incidental to a course of

> > > > study when taking or giving a postgraduate course or

> > > > other course of study in this state, provided such

> > > > physical therapist is licensed in another jurisdiction

> > > > or holds an appointment on the faculty of a school

> > > > approved for training physical therapists or physical

> > > > therapist assistants.

> > > >

> > > > (3) No provision of this chapter prohibits a licensed

> > > > physical therapist from delegating, to a person

> > > > qualified by training, experience, or education,

> > > > specific patient care activities, as defined and

> > > > limited by board rule, to assist the licensed physical

> > > > therapist in performing duties in compliance with the

> > > > standards of the practice of physical therapy.

> > > > Specific patient care activities, as defined and

> > > > limited by board rule, must be performed under the

> > > > direct supervision of the licensed physical therapist

> > > > or physical therapist assistant in the immediate area,

> > > > if the person is not a licensed physical therapist

> > > > assistant.

> > > >

> > > >

> > > >

> > > >

> > > >

> > > ____________-_________-_________-_________-_________-_________-_

> > > ____________-___

> > > > Be a better friend, newshound, and

> > > > know-it-all with Yahoo! Mobile. Try it now.

> > > HYPERLINK

> > > " http://mobile.

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> > > >

> > > yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> > > <http://mobile.-y> -y

> > > ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> > > >

> > >

> > > ---------------------------------------

> > >

> > > In ALL messages to PTManager you must identify yourself, your

> > > discipline

> > > and your location or else your message will not be approved to

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> > > the full group.

> > >

> > > PTManager encourages participation in your professional

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> > > Join APTA, AOTA or ASHA and participate now!

> > >

> > > Visit the NEW and IMPROVED www.InHomeRehab.-com.

> > >

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Guest guest

Tom

I agree with you. You make it sound like simply disagreeing with the

rules is the same as " choosing " not to be " ethical. " The point is

that you cannot legislate ethics. In the 1700s it was illegal for

women to vote. Thank God someone disagreed. I just don't want

individuals and government agencies outside of our profession setting

the standards for us. But that is exactly what has happened. We just

smile, agree, and call each other unethical because some of us don't

tow the company line. If we continue this trend, we will not be able

to utilize PTAs (some insurance carriers have already excluded them

from coverage), next, you will not be " qualified " if you are not a DPT

(BCBS is considering that), or maybe a PT should not be able to see

ortho patients without OCS certification (BCBS actually mandated this

in Arkansas until we persuaded them to back off). We'll see how many

PTs stay in the profession when we are getting $27 per visit of one on

one therapy. Think that is impossible? Call one of your colleagues in

Canada. Use techs, don't use techs, I don't care. I trust your

professional judgment. You earned that trust.

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

On May 3, 2008, at 6:33 PM, " thomas m howell "

wrote:

> Hi Rob,

>

> I wish I could lighten the discussion but I have no profound words

> to do

> that today. It is easy to get discouraged by a wacky system of

> reimbursement that requires us to follow wacky rules. I know I have

> asked

> myself on more than one occasion if it is worth it. I wish that I

> could

> lessen that discouragement that I feel in your posts but I can't.

>

> I always have to be reminded, (as I was just recently on the

> discussion on

> CPT codes) of the amount of time and hard work by our colleagues and

> peers

> on the things that make up our every day practice. Ethics and rules

> are

> there to protect the public we serve. The ethics and rules we try to

> follow

> have been debated and discussed for years by people from all

> backgrounds and

> all experiences in PT. These rules were not arrived at lightly and are

> continually being reviewed as our practice changes. Most of the

> rules and

> ethics required by insurances, including Medicare, mirror what the

> APTA has

> set forth. But again, these rules and ethics are there to protect the

> public, as they should. SO.we have controlled our own destiny by

> arriving

> at rules and ethics set forth by our own peers.

>

> Ethics are " high and mighty " and they should be. We serve the public

> and

> they should be afforded every protection we can give them including

> the best

> practice standards we can create. If only the public understood the

> dedication and hard work and attention to ethical treatment that we

> have

> worked on, they could plainly see what sets us apart from the personal

> trainer who spent two hours online and get a certification and has no

> standards or ethics in place to protect anyone!

>

> Follow the rules and ethics, don't follow the rules and ethics, that

> is your

> choice as is your choice to accept insurances or treat on a cash

> only basis.

> You can disagree all you want but I will continue to let you and this

> listserve know that you can follow the rules and ethics and still

> have a

> successful profitable practice.

>

> Tom Howell, P.T., M.P.T.

>

> Howell Physical Therapy

>

> Eagle, ID

>

> howellpt@...

>

> _____

>

> From: PTManager [mailto:PTManager ]

> On Behalf

> Of Jordan

> Sent: Friday, May 02, 2008 8:40 PM

> To: PTManager

> Subject: Re: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> Tom,

>

> I completely understand your statements. I think, however, you

> misunderstood mine. I followed the rules for 18 years of practice.

> There is no " choice " to make. If you seriously believe that you can

> follow Medicare rules and " still do OK in the profit department " I

> think I would have to respectfully disagree. My point was that we keep

> tightening the reigns on ourselves by quoting high and mighty ethics.

> I just think it is sad that we have lost the ability to think for

> ourselves. Thank God we have Medicare to tell us what is ethical and

> what is not. You are correct in stating that we have to choose.

> Unfortunately, we have given up all rights to choose. As a result, we

> spend 8-22 minutes counting straight leg raises. Do we need DPTs to do

> that?

>

> Rob Jordan, PT, MPT, GCS, OCS

> Sent from iPhone

>

> On May 2, 2008, at 1:41 PM, " thomas m howell " <thowellfiberpipe (DOT)

> <mailto:thowell%40fiberpipe.net> net>

> wrote:

>

> > Hi Rob,

> >

> > Please remember that CMS (Medicare) does not mandate that anyone has

> > to see

> > one patient at a time. They do require truth in billing such that if

> > you

> > are billing one-on-one codes, you better be treating one-on-one. And

> > they

> > require the proper use of group billing codes when more than one

> > Medicare

> > client is being seen at a time.

> >

> > Whether we want to admit it or not, Medicare has simply responded to

> > the

> > gross overutilization of one-on-one CPT codes by unscrupulous

> > practices who

> > bilked Medicare for millions in fraud. And they responded to the

> gross

> > overutilization of aides to do " treatment " as well by mandating

> > restrictions

> > on their use.

> >

> > While I'm no fan of insurances and their rules, remember also that

> our

> > professional organization has agreed upon very restrictive policies

> > on aide

> > use and utilization, policies based on hours and hours of testimony

> > and

> > debate. These policies were not taken lightly but were based on what

> > is in

> > the best interest of the public that we serve.

> >

> > As I have stated before, it is my opinion that utilizing aides to do

> > treatment devalues our profession. Patients come to you clinic

> > wanting to

> > see you, the PT, not your aide, not you and six other patients.

> > Utilizing

> > aides is allowed in a lot of state practice acts, for sure, but it

> > still is

> > a choice that a clinic owner can make. Insurances are demanding that

> > PT's

> > honor the contracts that are signed to serve their beneficiaries in

> > which it

> > is understood that their beneficiaries are being seen by a PT, not

> > an aide.

> >

> > I fail to see how delegating treatment to aides improves treatment.

> > All I

> > see is that it is a way to see more patients in a day and make more

> > money.

> > And as has been illustrated on this list, there are plenty of

> > practitioners,

> > who follow the rules, that are doing just fine in the profit column

> > AND are

> > not utilizing aides for treatment.

> >

> > It is up to you to make the choice

> >

> > Tom Howell, P.T., M.P.T.

> >

> > Howell Physical Therapy

> >

> > Eagle, ID

> >

> > howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com]

> > On Behalf

> > Of Jordan

> > Sent: Friday, May 02, 2008 9:16 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > It's feather ruffling time...You know guys, I completely agree with

> > the

> > comments made on this posting with regards to delegation of skilled

> > interventions to aides. This debate crops up frequently in many

> > different

> > circles and the result is always the same. I have one consideration

> > on this

> > topic and I would like to request that we all just step back, take a

> > breath,

> > and consider what is at stake. Most of you would agree that we are

> > being

> > regulated to death by CMS and other government beaurocracies.

> > Insurance

> > companies do not value what we do. Every day, we are told what to

> > do, how

> > to do it, how long to do it and then after we do it, we are told

> > that what

> > we did was not medically necessary. Many in our profession will

> > adamantly

> > state that it is " unethical " to treat more than one patient at a

> time.

> > What? When did that get carved in stone? Since when is the senseless

> > mandate of a government regulatory agency (Medicare) the yardstick

> of

> > ethical practice? We have become so suppressed by Medicare,

> insurance

> > companies and physicians that we actually believe what we are

> > incapable of

> > sound professional judgment. Our profession is de-volving in its

> > ability to

> > determine its own destiny. Debates like this simply give credibility

> > to

> > outside agencies bent on exerting ever-increasing control over us.

> > As a

> > licensed professional each therapist should have the wherewithal and

> > the

> > judgment to determine what is best for their patients and should

> > have the

> > authority to delegate some of those responsibilities. Should techs

> > be doing

> > manipulation or joint mobilization? Of course not! Could a tech be

> > trained

> > to administer ultrasound, iontophoresis or apply electrodes? Of

> > course they

> > could. Could a tech count repetitions of SLRs, QS, or shoulder

> > pulleys?

> > I'm thinking, yes. I understand that " if you give some people and

> > inch,

> > they will take a mile. " That is human nature. Is it right? NO.

> > Should we

> > all put shackles on ourselves to prevent the bad ones from taking

> > over the

> > world? I think not. Guys, all I am saying is let's not add more

> > burdensome regulations to an already over-regulated industry. If the

> > guys

> > down the street are doing a bad job by using techs improperly, then

> > dedicate

> > your efforts to doing a better job. The best revenge is to flourish

> > and

> > prosper. Some advice from an old-timer.

> >

> > Rob Jordan, PT, MPT, GCS, OCS

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> > [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> > ps.com] On

> > Behalf

> > Of Ron Barbato

> > Sent: Friday, May 02, 2008 9:03 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > My concern with this thread is the terminology - delegated duties,

> > with

> > established competency "

> > Are we saying that skilled PT interventions can be " learned on the

> > job "

> > Fellow colleagues, that is a very slippery slope with significant

> > implications

> > Use of non licensed aides to perform skilled billable physical

> therapy

> > service is unacceptable.

> >

> > Ron Barbato PT

> > Administrative Director, Rehabilitation Services

> > Ephraim McDowell Health

> > Voice:

> > Fax:

> > HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

> > Member, KY Board of Physical Therapy

> >

> > PRIVILEGED AND CONFIDENTIAL: This transmission may contain

> information

> > that is privileged subject to attorney-client privilege or attorney

> > work

> > product, confidential and/or exempt from disclosure under applicable

> > law. If you are not the intended recipient, then please do not

> read it

> > and be aware that any disclosure, copying, distribution, or use of

> the

> > information contained herein (including any reliance thereon) is

> > STRICTLY PROHIBITED. If you received this transmission in error,

> > please

> > immediately advise me, by reply e-mail, and delete this message and

> > any

> > attachments without retaining a copy in any form. Thank you.

> >

> > Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > - Ssate practice acts governing the rules and laws of PT

> > differ greatly in that respect. However, over the last two decades,

> > states have generally become more restrictive on delegation issues,

> > following the lead of the APTA, which supports only the PT and the

> > PTA are the only providers of physical therapy services. Here is a

> > link from the Federation showing a state by state guide of this:

> > HYPERLINK

> > " http://www.fsbpt. <http://www.fsbpt.

> <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

> org/RegulatoryTools/ReferenceGuide/

> > >

> > org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> > <http://www.fsbpt. <http://www.fsbpt.-org/> -org/> -org/

> > RegulatoryTo-ols/ReferenceGui-de/

> >

> > Don Walsh, PT, MS, OCS

> > Gainesville GA

> >

> >

> > >

> > > Why does the Florida practice act appear to allow us

> > > to delegate portions of treatment to aides and bill

> > > for it? This is the " excemptions " section, please not

> > > excemption (3). If an employer references this and

> > > argues that an athletic trainer, or even a PT aide can

> > > be trained by a PT to assist in the clinic for

> > > non-medicare patients, how does a PT manager or PT

> > > counter this point?

> > >

> > > 486.161 Exemptions.---

> > >

> > > (1) No provision of this chapter shall be construed

> > > to prohibit any person licensed in this state from

> > > using any physical agent as a part of, or incidental

> > > to, the lawful practice of her or his profession under

> > > the statutes applicable to the profession of

> > > chiropractic physician, podiatric physician, doctor of

> > > medicine, massage therapist, nurse, osteopathic

> > > physician or surgeon, occupational therapist, or

> > > naturopath.

> > >

> > > (2) No provision of this chapter shall be construed

> > > to prohibit:

> > >

> > > (a) Any student who is enrolled in a school or course

> > > of physical therapy approved by the board from

> > > performing such acts of physical therapy as are

> > > incidental to her or his course of study; or

> > >

> > > (B) Any physical therapist from another state from

> > > performing physical therapy incidental to a course of

> > > study when taking or giving a postgraduate course or

> > > other course of study in this state, provided such

> > > physical therapist is licensed in another jurisdiction

> > > or holds an appointment on the faculty of a school

> > > approved for training physical therapists or physical

> > > therapist assistants.

> > >

> > > (3) No provision of this chapter prohibits a licensed

> > > physical therapist from delegating, to a person

> > > qualified by training, experience, or education,

> > > specific patient care activities, as defined and

> > > limited by board rule, to assist the licensed physical

> > > therapist in performing duties in compliance with the

> > > standards of the practice of physical therapy.

> > > Specific patient care activities, as defined and

> > > limited by board rule, must be performed under the

> > > direct supervision of the licensed physical therapist

> > > or physical therapist assistant in the immediate area,

> > > if the person is not a licensed physical therapist

> > > assistant.

> > >

> > >

> > >

> > >

> > >

> > ____________-_________-_________-_________-_________-_________-_

> > ____________-___

> > > Be a better friend, newshound, and

> > > know-it-all with Yahoo! Mobile. Try it now.

> > HYPERLINK

> > " http://mobile. <http://mobile.

> <http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> > >

> > yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> > <http://mobile. <http://mobile.-y> -y> -y

> > ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> > >

> >

> > ---------------------------------------

> >

> > In ALL messages to PTManager you must identify yourself, your

> > discipline

> > and your location or else your message will not be approved to

> send to

> > the full group.

> >

> > PTManager encourages participation in your professional association.

> > Join APTA, AOTA or ASHA and participate now!

> >

> > Visit the NEW and IMPROVED www.InHomeRehab.-com.

> >

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Guest guest

:

You have succinctly and brilliantly lined out the reality of our quest to

infringe upon our profession and state practice acts.

I would further add that there is a sort of arrogance of " protection " on the

side of those in our profession that want to legislate ethics and promote that

PT's aren't smart enough to supervise a tech to put a hot pack on somebody (for

which we don't get paid for) and it can only be done by a PT or PTA one on one.

We are quickly approaching a point where personal trainers have more power and

reimbursement than we do.

Lastly, it also impugns the entire military and VA health care system which

uses extenders (who are at lower cost) under supervision. In fact, there have

been studies (and a great book) that tout they have the best medical system in

the world which combines quality and cost effectiveness.

Thanks again for your timely post.

__________________________________________

Larry

Larry Benz

13000 Equity Place Suite 105

Louisville, KY 40223

larry@... (best way to

reach)

office

mobile (Spinvox converts your voice mail to email)

fax (only if you must)

LarryBenz MyPhysicalTherapySpace.com ID

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From: PTManager [mailto:PTManager ] On Behalf Of

Jordan

Sent: Monday, May 05, 2008 8:51 AM

To: PTManager

Subject: Re: Re: So we can use techs or aides to perform part of our

treatment? (Not medicare)

Tom

I agree with you. You make it sound like simply disagreeing with the

rules is the same as " choosing " not to be " ethical. " The point is

that you cannot legislate ethics. In the 1700s it was illegal for

women to vote. Thank God someone disagreed. I just don't want

individuals and government agencies outside of our profession setting

the standards for us. But that is exactly what has happened. We just

smile, agree, and call each other unethical because some of us don't

tow the company line. If we continue this trend, we will not be able

to utilize PTAs (some insurance carriers have already excluded them

from coverage), next, you will not be " qualified " if you are not a DPT

(BCBS is considering that), or maybe a PT should not be able to see

ortho patients without OCS certification (BCBS actually mandated this

in Arkansas until we persuaded them to back off). We'll see how many

PTs stay in the profession when we are getting $27 per visit of one on

one therapy. Think that is impossible? Call one of your colleagues in

Canada. Use techs, don't use techs, I don't care. I trust your

professional judgment. You earned that trust.

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

On May 3, 2008, at 6:33 PM, " thomas m howell " <thowell@...

<mailto:thowell%40fiberpipe.net> >

wrote:

> Hi Rob,

>

> I wish I could lighten the discussion but I have no profound words

> to do

> that today. It is easy to get discouraged by a wacky system of

> reimbursement that requires us to follow wacky rules. I know I have

> asked

> myself on more than one occasion if it is worth it. I wish that I

> could

> lessen that discouragement that I feel in your posts but I can't.

>

> I always have to be reminded, (as I was just recently on the

> discussion on

> CPT codes) of the amount of time and hard work by our colleagues and

> peers

> on the things that make up our every day practice. Ethics and rules

> are

> there to protect the public we serve. The ethics and rules we try to

> follow

> have been debated and discussed for years by people from all

> backgrounds and

> all experiences in PT. These rules were not arrived at lightly and are

> continually being reviewed as our practice changes. Most of the

> rules and

> ethics required by insurances, including Medicare, mirror what the

> APTA has

> set forth. But again, these rules and ethics are there to protect the

> public, as they should. SO.we have controlled our own destiny by

> arriving

> at rules and ethics set forth by our own peers.

>

> Ethics are " high and mighty " and they should be. We serve the public

> and

> they should be afforded every protection we can give them including

> the best

> practice standards we can create. If only the public understood the

> dedication and hard work and attention to ethical treatment that we

> have

> worked on, they could plainly see what sets us apart from the personal

> trainer who spent two hours online and get a certification and has no

> standards or ethics in place to protect anyone!

>

> Follow the rules and ethics, don't follow the rules and ethics, that

> is your

> choice as is your choice to accept insurances or treat on a cash

> only basis.

> You can disagree all you want but I will continue to let you and this

> listserve know that you can follow the rules and ethics and still

> have a

> successful profitable practice.

>

> Tom Howell, P.T., M.P.T.

>

> Howell Physical Therapy

>

> Eagle, ID

>

> howellpt@... <mailto:howellpt%40fiberpipe.net>

>

> _____

>

> From: PTManager <mailto:PTManager%40yahoogroups.com>

[mailto:PTManager <mailto:PTManager%40yahoogroups.com> ]

> On Behalf

> Of Jordan

> Sent: Friday, May 02, 2008 8:40 PM

> To: PTManager <mailto:PTManager%40yahoogroups.com>

> Subject: Re: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> Tom,

>

> I completely understand your statements. I think, however, you

> misunderstood mine. I followed the rules for 18 years of practice.

> There is no " choice " to make. If you seriously believe that you can

> follow Medicare rules and " still do OK in the profit department " I

> think I would have to respectfully disagree. My point was that we keep

> tightening the reigns on ourselves by quoting high and mighty ethics.

> I just think it is sad that we have lost the ability to think for

> ourselves. Thank God we have Medicare to tell us what is ethical and

> what is not. You are correct in stating that we have to choose.

> Unfortunately, we have given up all rights to choose. As a result, we

> spend 8-22 minutes counting straight leg raises. Do we need DPTs to do

> that?

>

> Rob Jordan, PT, MPT, GCS, OCS

> Sent from iPhone

>

> On May 2, 2008, at 1:41 PM, " thomas m howell " <thowellfiberpipe (DOT)

> <mailto:thowell%40fiberpipe.net> net>

> wrote:

>

> > Hi Rob,

> >

> > Please remember that CMS (Medicare) does not mandate that anyone has

> > to see

> > one patient at a time. They do require truth in billing such that if

> > you

> > are billing one-on-one codes, you better be treating one-on-one. And

> > they

> > require the proper use of group billing codes when more than one

> > Medicare

> > client is being seen at a time.

> >

> > Whether we want to admit it or not, Medicare has simply responded to

> > the

> > gross overutilization of one-on-one CPT codes by unscrupulous

> > practices who

> > bilked Medicare for millions in fraud. And they responded to the

> gross

> > overutilization of aides to do " treatment " as well by mandating

> > restrictions

> > on their use.

> >

> > While I'm no fan of insurances and their rules, remember also that

> our

> > professional organization has agreed upon very restrictive policies

> > on aide

> > use and utilization, policies based on hours and hours of testimony

> > and

> > debate. These policies were not taken lightly but were based on what

> > is in

> > the best interest of the public that we serve.

> >

> > As I have stated before, it is my opinion that utilizing aides to do

> > treatment devalues our profession. Patients come to you clinic

> > wanting to

> > see you, the PT, not your aide, not you and six other patients.

> > Utilizing

> > aides is allowed in a lot of state practice acts, for sure, but it

> > still is

> > a choice that a clinic owner can make. Insurances are demanding that

> > PT's

> > honor the contracts that are signed to serve their beneficiaries in

> > which it

> > is understood that their beneficiaries are being seen by a PT, not

> > an aide.

> >

> > I fail to see how delegating treatment to aides improves treatment.

> > All I

> > see is that it is a way to see more patients in a day and make more

> > money.

> > And as has been illustrated on this list, there are plenty of

> > practitioners,

> > who follow the rules, that are doing just fine in the profit column

> > AND are

> > not utilizing aides for treatment.

> >

> > It is up to you to make the choice

> >

> > Tom Howell, P.T., M.P.T.

> >

> > Howell Physical Therapy

> >

> > Eagle, ID

> >

> > howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com]

> > On Behalf

> > Of Jordan

> > Sent: Friday, May 02, 2008 9:16 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > It's feather ruffling time...You know guys, I completely agree with

> > the

> > comments made on this posting with regards to delegation of skilled

> > interventions to aides. This debate crops up frequently in many

> > different

> > circles and the result is always the same. I have one consideration

> > on this

> > topic and I would like to request that we all just step back, take a

> > breath,

> > and consider what is at stake. Most of you would agree that we are

> > being

> > regulated to death by CMS and other government beaurocracies.

> > Insurance

> > companies do not value what we do. Every day, we are told what to

> > do, how

> > to do it, how long to do it and then after we do it, we are told

> > that what

> > we did was not medically necessary. Many in our profession will

> > adamantly

> > state that it is " unethical " to treat more than one patient at a

> time.

> > What? When did that get carved in stone? Since when is the senseless

> > mandate of a government regulatory agency (Medicare) the yardstick

> of

> > ethical practice? We have become so suppressed by Medicare,

> insurance

> > companies and physicians that we actually believe what we are

> > incapable of

> > sound professional judgment. Our profession is de-volving in its

> > ability to

> > determine its own destiny. Debates like this simply give credibility

> > to

> > outside agencies bent on exerting ever-increasing control over us.

> > As a

> > licensed professional each therapist should have the wherewithal and

> > the

> > judgment to determine what is best for their patients and should

> > have the

> > authority to delegate some of those responsibilities. Should techs

> > be doing

> > manipulation or joint mobilization? Of course not! Could a tech be

> > trained

> > to administer ultrasound, iontophoresis or apply electrodes? Of

> > course they

> > could. Could a tech count repetitions of SLRs, QS, or shoulder

> > pulleys?

> > I'm thinking, yes. I understand that " if you give some people and

> > inch,

> > they will take a mile. " That is human nature. Is it right? NO.

> > Should we

> > all put shackles on ourselves to prevent the bad ones from taking

> > over the

> > world? I think not. Guys, all I am saying is let's not add more

> > burdensome regulations to an already over-regulated industry. If the

> > guys

> > down the street are doing a bad job by using techs improperly, then

> > dedicate

> > your efforts to doing a better job. The best revenge is to flourish

> > and

> > prosper. Some advice from an old-timer.

> >

> > Rob Jordan, PT, MPT, GCS, OCS

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> > [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> > ps.com] On

> > Behalf

> > Of Ron Barbato

> > Sent: Friday, May 02, 2008 9:03 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > My concern with this thread is the terminology - delegated duties,

> > with

> > established competency "

> > Are we saying that skilled PT interventions can be " learned on the

> > job "

> > Fellow colleagues, that is a very slippery slope with significant

> > implications

> > Use of non licensed aides to perform skilled billable physical

> therapy

> > service is unacceptable.

> >

> > Ron Barbato PT

> > Administrative Director, Rehabilitation Services

> > Ephraim McDowell Health

> > Voice:

> > Fax:

> > HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

> > Member, KY Board of Physical Therapy

> >

> > PRIVILEGED AND CONFIDENTIAL: This transmission may contain

> information

> > that is privileged subject to attorney-client privilege or attorney

> > work

> > product, confidential and/or exempt from disclosure under applicable

> > law. If you are not the intended recipient, then please do not

> read it

> > and be aware that any disclosure, copying, distribution, or use of

> the

> > information contained herein (including any reliance thereon) is

> > STRICTLY PROHIBITED. If you received this transmission in error,

> > please

> > immediately advise me, by reply e-mail, and delete this message and

> > any

> > attachments without retaining a copy in any form. Thank you.

> >

> > Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > - Ssate practice acts governing the rules and laws of PT

> > differ greatly in that respect. However, over the last two decades,

> > states have generally become more restrictive on delegation issues,

> > following the lead of the APTA, which supports only the PT and the

> > PTA are the only providers of physical therapy services. Here is a

> > link from the Federation showing a state by state guide of this:

> > HYPERLINK

> > " http://www.fsbpt. <http://www.fsbpt.

> <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

> org/RegulatoryTools/ReferenceGuide/

> > >

> > org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> > <http://www.fsbpt. <http://www.fsbpt.-org/> -org/> -org/

> > RegulatoryTo-ols/ReferenceGui-de/

> >

> > Don Walsh, PT, MS, OCS

> > Gainesville GA

> >

> >

> > >

> > > Why does the Florida practice act appear to allow us

> > > to delegate portions of treatment to aides and bill

> > > for it? This is the " excemptions " section, please not

> > > excemption (3). If an employer references this and

> > > argues that an athletic trainer, or even a PT aide can

> > > be trained by a PT to assist in the clinic for

> > > non-medicare patients, how does a PT manager or PT

> > > counter this point?

> > >

> > > 486.161 Exemptions.---

> > >

> > > (1) No provision of this chapter shall be construed

> > > to prohibit any person licensed in this state from

> > > using any physical agent as a part of, or incidental

> > > to, the lawful practice of her or his profession under

> > > the statutes applicable to the profession of

> > > chiropractic physician, podiatric physician, doctor of

> > > medicine, massage therapist, nurse, osteopathic

> > > physician or surgeon, occupational therapist, or

> > > naturopath.

> > >

> > > (2) No provision of this chapter shall be construed

> > > to prohibit:

> > >

> > > (a) Any student who is enrolled in a school or course

> > > of physical therapy approved by the board from

> > > performing such acts of physical therapy as are

> > > incidental to her or his course of study; or

> > >

> > > (B) Any physical therapist from another state from

> > > performing physical therapy incidental to a course of

> > > study when taking or giving a postgraduate course or

> > > other course of study in this state, provided such

> > > physical therapist is licensed in another jurisdiction

> > > or holds an appointment on the faculty of a school

> > > approved for training physical therapists or physical

> > > therapist assistants.

> > >

> > > (3) No provision of this chapter prohibits a licensed

> > > physical therapist from delegating, to a person

> > > qualified by training, experience, or education,

> > > specific patient care activities, as defined and

> > > limited by board rule, to assist the licensed physical

> > > therapist in performing duties in compliance with the

> > > standards of the practice of physical therapy.

> > > Specific patient care activities, as defined and

> > > limited by board rule, must be performed under the

> > > direct supervision of the licensed physical therapist

> > > or physical therapist assistant in the immediate area,

> > > if the person is not a licensed physical therapist

> > > assistant.

> > >

> > >

> > >

> > >

> > >

> > ____________-_________-_________-_________-_________-_________-_

> > ____________-___

> > > Be a better friend, newshound, and

> > > know-it-all with Yahoo! Mobile. Try it now.

> > HYPERLINK

> > " http://mobile. <http://mobile.

> <http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> > >

> > yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> > <http://mobile. <http://mobile.-y> -y> -y

> > ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> > >

> >

> > ---------------------------------------

> >

> > In ALL messages to PTManager you must identify yourself, your

> > discipline

> > and your location or else your message will not be approved to

> send to

> > the full group.

> >

> > PTManager encourages participation in your professional association.

> > Join APTA, AOTA or ASHA and participate now!

> >

> > Visit the NEW and IMPROVED www.InHomeRehab.-com.

> >

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Guest guest

Great discussion!

One of the aspects that I didn't see in this discussion yet is the fact that

there is a shortage of PTs in most areas and yet we as a profession want to

become leaders in wellness and many other things (that we really should be

doing more of, as the profession of choice). These efforts may continue to

spread us thin where we are needed. If I zoom out on the big picture it

seems we may be able to reach more people if we use extenders in a very

careful manner.

Now, I am a manual therapist and I focus highly on quality care. The PT must

be driving every treatment and doing everything that requires the skills,

knowledge and judgement of a PT to do (there's a whole other discussion).

There is no such thing as a visit to waste, in my opinion. I am not by any

means justifying outrageous ratios of PTs and PTAs to aides. In fact, I am

employed at a clinic that does not use any unlicensed extenders as I follow

the Medicare and CPT rules. I wouldn't be able to sleep at night if I

didn't. Does that make those rules right or the only " ethical " way?

I am with Larry in not further restricting pratice acts. As we grow on to

2020 and all that comes with that status, I just would hate to see us give

anything away to satisfy payor and AMA restrictions. I know why they are

there and yes, there are some who would and do abuse the situation but

restricting ourselves further just doesn't seem like a good idea. Just my

2c.

Amber Braatz PT, MBA, MTC

_____

From: PTManager [mailto:PTManager ] On Behalf

Of Larry Benz

Sent: Monday, May 05, 2008 7:55 AM

To: PTManager

Subject: RE: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

Rick:

Thanks for the invite.. Let me be clear on my statement that PT and PTA's

are equal. I meant this only from a reimbursement standpoint -not a practice

act issue. In fact, as I am sure you know, CMS policy is inconsistent in

regards to setting of PTA's where they can work independently in a rehab

agency (meaning you don't have to have a PT onsight) versus a PTPP where

they cannot (this restriction also includes POPTS). They are equal in the

sense that they are the only explicit providers of rehab per CMS policy.

Your differentiation is right on-just wanted my statement clarified.

I think it is a grave mistake for our section or the APTA to talk other

national providers into adopting medicare standards for the simple reason

that it flies in the face of an autonomous provider making decisions. We

should be supportive of state's practice acts and work against national

policy standards. I can't figure out why a profession that has transitioned

to a doctorate degree with roughly 7 years of training would try and reduce

the decision making process of a PT. Again, there are those that drive 80

miles per hour and abuse the technician and supervision rules but let's not

manage to them but to the 80% plus percent that follows the rules. Do you

see the AMA trying to drive national coverage policies towards reducing the

decision making of docs and what their support personnel can and cannot do?

Lastly, (and I am in no way accusing you personally) I think there are many

folks giving lectures out propagating the myth that all PT has to be done by

a PT or PTA and that our practice act plays no role. It simply isn't

true-except in the cases like federally funded payors (and perhaps a few

others) where they have either explicit or superimposed rules. Furthermore,

I think it would be unwise for states to open up their practice act except

for the cases where they do not have direct access.

__________________________________________

Larry

Larry Benz

PT Development LLC

13000 Equity Place Suite 105

Louisville, KY 40223

larry@physicalthera <mailto:larry%40physicaltherapist.com> pist.com (best

way to reach)

mobile (Spinvox converts voice to email)

office

(Fax: only if you must)

LarryBenz MyPhysicalTherapySpace.com ID

CONFIDENTIALITY STATEMENT This message, including any attachments, contains

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________________________________

From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

[mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com] On

Behalf Of Rick Gawenda

Sent: Sunday, May 04, 2008 10:34 PM

To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

Subject: RE: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

Larry,

I will disagree with you that CMS states therapists

and assistants are equal. CMS has a definition of a

clinician which does not include assistants. The

reason for this is a clinician makes clinical

judgments and is responsible for all services they are

permitted to provide. Under qualified professional is

where you see assistants added in addition to

therapists, physicians, and NPP's.

In addition, CMS clearly states in CMS Pub 100-02,

Chapter 15 that if the skills of a therapist are not

required, services provided by an assistant would not

be considered skilled therapy and reimbursed under the

Medicare program.

I will also state many other non-Medicare payers

clearly define who can provide the various types of

therapy services in their respective therapy policies.

For example, in Michigan, BCBS and Medicaid clearly

define who can provide therapy services.

I feel APTA AOTA, and ASHA need to work with more

national payers such as Aetna, Cigna, United

Healthcare, etc., on revisions to their therapy

policies to clearly define who a physician, doctor,

and qualified personnel are in regards to who can

refer to therapy and who can provide therapy services.

States must continue to work on revisions to their

respective State Practice Acts to clearly define who

providers of therapy services and how many PTA's a PT

can supervise.

My other comment I will make is many PT's PTA's, along

with OT's, OTA's, and SLP's do not know and/or

understand CMS rules and regulations as well as

non-Medicare payers. I give over 50 talks a year

around the country on this subject and hear the same

questions during each one of them. It is our

responsibility to educate them and I believe we need

to a better job of this in the educational programs

for all 3 disciplines.

I would encourage you to become involved within the

HPA Section as we are working on many of these

initiatives and I know you are a member. Here is your

personal invite. I hope you accept.

Rick Gawenda, PT

President, Section on Health Policy & Administration

APTA

--- Larry Benz <larry@physicalthera <mailto:larry%40physicaltherapist.com>

pist.com <mailto:larry%40physicaltherapist.com> > wrote:

> Rick:

>

>

>

> Perhaps the reason that Medicare (or federally

> funded payors) is frequently mentioned is that they

> have superimposed rules that most payors don't

> follow or simply don't use. These rules include " 8

> minute " , type of supervision, explicit description

> of who are providers (where PT and PTA are

> equals-isn't that a hoot), use of student PT's etc.

>

>

>

> There appears to be a certain faction of this

> listserve that believe that any use of aids under

> any circumstances is grounds for penitentiary.

> Others appear to take a practice act approach which

> allows for support personnel under supervision.

> Unfortunately, there are many that drive 80 miles

> with the support personnel on non medicare patients.

> Personally, I think driving 60 miles an hour and

> allowing a PT who understands the practice act and

> medicare's superimposed rules to make appropriate

> decisions for delegation makes the most sense for a

> profession that is supporting an autonomous provider

> of choice.

>

>

>

>

>

> __________________________________________

>

> Larry

>

>

>

> Larry Benz

>

> PT Development LLC

>

> 13000 Equity Place Suite 105

>

> Louisville, KY 40223

>

>

>

> larry@physicalthera <mailto:larry%40physicaltherapist.com> pist.com

<mailto:larry%40physicaltherapist.com> (best way to reach)

>

> mobile (Spinvox converts voice to

> email)

>

> office

>

> (Fax: only if you must)

>

> LarryBenz MyPhysicalTherapySpace.com ID

>

>

>

> CONFIDENTIALITY STATEMENT This message, including

> any attachments, contains confidential information

> intended for a specific individual and purpose. This

> email is covered by the Electronic Communications

> Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally

> privileged. If you are not the intended recipient,

> please contact the sender immediately by reply

> e-mail and destroy all copies. You are hereby

> notified that any disclosure, copying, or

> distribution of this message, or the taking of any

> action based on it, is strictly prohibited.

>

> Nothing in this message is intended to constitute an

> Electronic signature for the purpose of the

> Electronic Transactions Act (UETA) or the Electronic

> Signatures in Global and National Commerce

> Act( " E-Sign " ) unless a specific statement to the

> contrary is included in this message.

>

> Virus Protection: Although we have taken steps to

> ensure that this email and its attachments (if any)

> are free from any virus, the recipient should, in

> keeping with good computing practice, also check

> this email and any attachments for the presence of

> viruses.

>

> Internet Email Security: Please note that this

> email is sent without encryption and has been

> created in the knowledge that Internet email is most

> commonly sent without encryption. Unencrypted email

> is not a secure communications medium. Also, please

> note that it is possible to spoof or fake the return

> address found in the From section of an Internet

> email. There is no guarantee that the sender listed

> in the From section actually sent the email. We

> advise that you understand and observe this lack of

> security when emailing us.

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>

>

> ________________________________

>

> From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com>

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com> ] On Behalf Of Rick

> Gawenda

> Sent: Sunday, May 04, 2008 8:39 AM

> To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com>

> Subject: Re: Re: So we can use techs or

> aides to perform part of our treatment? (Not

> medicare)

>

>

>

> Here is my question to the group. Why do we keep

> stating Medicare? It is not just Medicare. The

> definition of skilled therapy and reasonable and

> necessary is the same for all payers, not just

> Medicare. Therapists, assistants, and/or aides

> counting SLR's, watching a patient pedal on a bike

> or

> walk on a treadmill, or watching a patient warm up

> on

> the UBE or shoulder pulleys is non-skilled therapy

> under Medicare and every other non-Medicare

> insurance

> payer.

>

> Regarding billing, yes, for Medicare, you have to

> follow their " 8 Minute Rule " . Do you think other

> payers do not have billing rules for you to follow?

> If

> you answered no, you are mistaken. Non-Medicare

> payers, unless they state different billing

> guidelines

> that they follow in their policies, follow the

> American Medical Associations (AMA) definition for

> each timed code. Most of the timed codes for PT and

> OT

> are timed in 15 minute increments. In the December

> 2003 edition of the CPT Assistant, AMA states you

> must

> provide/perform a " substantial " portion of that 15

> minutes in order to bill for that service. This

> includes pre-, intra-, and postservice work. They

> give

> this example when describing manual therapy, but

> applies to all time-based codes. You get to define

> " substantial " and then support your decision if the

> insurance payer questions you.

>

> Regarding Medicare and making a profit, if you

> provide

> quality therapy (billing one-on-one codes) and not

> many of the supervised or constant attendance codes,

> you do get reimbursed better by Medicare than you do

> by many of the non_Medicare payers such as Aetna,

> Cigna, and United Healthcare on most of their

> contracts that I have seen suppliers and providers

> sign.

>

> Many other factors are involved in profitability

> besides the billing such as payer mix, cancel/no

> show

> rate, time management skills of the

> therapist/assistant, other fixed and variable

> expenses

> of a clinic or organization, documentation systems,

> etc. I would encourage each of us to look within our

> clinic and organizations and look for ways to

> decrease

> costs and inefficiencies and that will increase your

> profit margin. I also encourage each of us not to

> sign

> contracts where we lose money or break even. Those

> are

> choices we make, not the payers or APTA, AOTA, or

> ASHA.

>

> Rick Gawenda, PT

> President, Section on Health Policy & Administration

> APTA

>

> --- s <dosrincatt (DOT) <mailto:dosrinc%40att.net> net

<mailto:dosrinc%40att.net>

> <mailto:dosrinc%40att.net> > wrote:

>

> > Rob,

> > you can have anyone you want sit with your

> patients

> > and count

> > straight leg raises and I dont care how many you

> do

> > or how long it

> > takes, having a tech or aide counting someone

> doing

> > SLR is not there

> > ex as defined by the CPT codes and is not

> billable,

> > let the pt do

> > the SLR at home and use your skills as a PT to

> > provide treatments

>

=== message truncated ===

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Hi Rob,

We have not been talking about simply disagreeing with the rules here.

Disagreeing is yours and anyone's right. We have been talking about

behaviors. It's an important distinction because ethics is about behaviors.

And as far as your comment that you cannot legislate ethics. I disagree as

most states have as part of their practice acts a code of ethics. If you

want to follow the practice act, you must follow the code of ethics as well.

I am not denying that insurances will continue to turn the screws on

reimbursement because they want to and because they can. Without

representation from the APTA, insurances would have cut therapy from their

benefits long ago. We have to keep up the fight. On the other hand, I fail

to see how being ethical and following the rules (while working to improve

them) takes away from my ability to use the skills I was trained for. I see

it as enhancing them because I have to figure out how to treat fairly,

ethically and get the best outcomes and get reimbursed at a rate which can

maintain my business. In my opinion, spending the day delegating tasks to

others, robs me more of professional judgment than any thing else that we

do. You take your own training, your own five senses, your knowledge and

experience and throw it into the hands of someone else. Why?

Tom Howell, P.T., M.P.T.

Howell Physical Therapy

Eagle, ID

howellpt@...

_____

From: PTManager [mailto:PTManager ] On Behalf

Of Jordan

Sent: Monday, May 05, 2008 6:51 AM

To: PTManager

Subject: Re: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

Tom

I agree with you. You make it sound like simply disagreeing with the

rules is the same as " choosing " not to be " ethical. " The point is

that you cannot legislate ethics. In the 1700s it was illegal for

women to vote. Thank God someone disagreed. I just don't want

individuals and government agencies outside of our profession setting

the standards for us. But that is exactly what has happened. We just

smile, agree, and call each other unethical because some of us don't

tow the company line. If we continue this trend, we will not be able

to utilize PTAs (some insurance carriers have already excluded them

from coverage), next, you will not be " qualified " if you are not a DPT

(BCBS is considering that), or maybe a PT should not be able to see

ortho patients without OCS certification (BCBS actually mandated this

in Arkansas until we persuaded them to back off). We'll see how many

PTs stay in the profession when we are getting $27 per visit of one on

one therapy. Think that is impossible? Call one of your colleagues in

Canada. Use techs, don't use techs, I don't care. I trust your

professional judgment. You earned that trust.

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

On May 3, 2008, at 6:33 PM, " thomas m howell " <thowellfiberpipe (DOT)

<mailto:thowell%40fiberpipe.net> net>

wrote:

> Hi Rob,

>

> I wish I could lighten the discussion but I have no profound words

> to do

> that today. It is easy to get discouraged by a wacky system of

> reimbursement that requires us to follow wacky rules. I know I have

> asked

> myself on more than one occasion if it is worth it. I wish that I

> could

> lessen that discouragement that I feel in your posts but I can't.

>

> I always have to be reminded, (as I was just recently on the

> discussion on

> CPT codes) of the amount of time and hard work by our colleagues and

> peers

> on the things that make up our every day practice. Ethics and rules

> are

> there to protect the public we serve. The ethics and rules we try to

> follow

> have been debated and discussed for years by people from all

> backgrounds and

> all experiences in PT. These rules were not arrived at lightly and are

> continually being reviewed as our practice changes. Most of the

> rules and

> ethics required by insurances, including Medicare, mirror what the

> APTA has

> set forth. But again, these rules and ethics are there to protect the

> public, as they should. SO.we have controlled our own destiny by

> arriving

> at rules and ethics set forth by our own peers.

>

> Ethics are " high and mighty " and they should be. We serve the public

> and

> they should be afforded every protection we can give them including

> the best

> practice standards we can create. If only the public understood the

> dedication and hard work and attention to ethical treatment that we

> have

> worked on, they could plainly see what sets us apart from the personal

> trainer who spent two hours online and get a certification and has no

> standards or ethics in place to protect anyone!

>

> Follow the rules and ethics, don't follow the rules and ethics, that

> is your

> choice as is your choice to accept insurances or treat on a cash

> only basis.

> You can disagree all you want but I will continue to let you and this

> listserve know that you can follow the rules and ethics and still

> have a

> successful profitable practice.

>

> Tom Howell, P.T., M.P.T.

>

> Howell Physical Therapy

>

> Eagle, ID

>

> howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

>

> _____

>

> From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

[mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com]

> On Behalf

> Of Jordan

> Sent: Friday, May 02, 2008 8:40 PM

> To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> Subject: Re: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> Tom,

>

> I completely understand your statements. I think, however, you

> misunderstood mine. I followed the rules for 18 years of practice.

> There is no " choice " to make. If you seriously believe that you can

> follow Medicare rules and " still do OK in the profit department " I

> think I would have to respectfully disagree. My point was that we keep

> tightening the reigns on ourselves by quoting high and mighty ethics.

> I just think it is sad that we have lost the ability to think for

> ourselves. Thank God we have Medicare to tell us what is ethical and

> what is not. You are correct in stating that we have to choose.

> Unfortunately, we have given up all rights to choose. As a result, we

> spend 8-22 minutes counting straight leg raises. Do we need DPTs to do

> that?

>

> Rob Jordan, PT, MPT, GCS, OCS

> Sent from iPhone

>

> On May 2, 2008, at 1:41 PM, " thomas m howell " <thowellfiberpipe (DOT)

> <mailto:thowell%40fiberpipe.net> net>

> wrote:

>

> > Hi Rob,

> >

> > Please remember that CMS (Medicare) does not mandate that anyone has

> > to see

> > one patient at a time. They do require truth in billing such that if

> > you

> > are billing one-on-one codes, you better be treating one-on-one. And

> > they

> > require the proper use of group billing codes when more than one

> > Medicare

> > client is being seen at a time.

> >

> > Whether we want to admit it or not, Medicare has simply responded to

> > the

> > gross overutilization of one-on-one CPT codes by unscrupulous

> > practices who

> > bilked Medicare for millions in fraud. And they responded to the

> gross

> > overutilization of aides to do " treatment " as well by mandating

> > restrictions

> > on their use.

> >

> > While I'm no fan of insurances and their rules, remember also that

> our

> > professional organization has agreed upon very restrictive policies

> > on aide

> > use and utilization, policies based on hours and hours of testimony

> > and

> > debate. These policies were not taken lightly but were based on what

> > is in

> > the best interest of the public that we serve.

> >

> > As I have stated before, it is my opinion that utilizing aides to do

> > treatment devalues our profession. Patients come to you clinic

> > wanting to

> > see you, the PT, not your aide, not you and six other patients.

> > Utilizing

> > aides is allowed in a lot of state practice acts, for sure, but it

> > still is

> > a choice that a clinic owner can make. Insurances are demanding that

> > PT's

> > honor the contracts that are signed to serve their beneficiaries in

> > which it

> > is understood that their beneficiaries are being seen by a PT, not

> > an aide.

> >

> > I fail to see how delegating treatment to aides improves treatment.

> > All I

> > see is that it is a way to see more patients in a day and make more

> > money.

> > And as has been illustrated on this list, there are plenty of

> > practitioners,

> > who follow the rules, that are doing just fine in the profit column

> > AND are

> > not utilizing aides for treatment.

> >

> > It is up to you to make the choice

> >

> > Tom Howell, P.T., M.P.T.

> >

> > Howell Physical Therapy

> >

> > Eagle, ID

> >

> > howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com]

> > On Behalf

> > Of Jordan

> > Sent: Friday, May 02, 2008 9:16 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > It's feather ruffling time...You know guys, I completely agree with

> > the

> > comments made on this posting with regards to delegation of skilled

> > interventions to aides. This debate crops up frequently in many

> > different

> > circles and the result is always the same. I have one consideration

> > on this

> > topic and I would like to request that we all just step back, take a

> > breath,

> > and consider what is at stake. Most of you would agree that we are

> > being

> > regulated to death by CMS and other government beaurocracies.

> > Insurance

> > companies do not value what we do. Every day, we are told what to

> > do, how

> > to do it, how long to do it and then after we do it, we are told

> > that what

> > we did was not medically necessary. Many in our profession will

> > adamantly

> > state that it is " unethical " to treat more than one patient at a

> time.

> > What? When did that get carved in stone? Since when is the senseless

> > mandate of a government regulatory agency (Medicare) the yardstick

> of

> > ethical practice? We have become so suppressed by Medicare,

> insurance

> > companies and physicians that we actually believe what we are

> > incapable of

> > sound professional judgment. Our profession is de-volving in its

> > ability to

> > determine its own destiny. Debates like this simply give credibility

> > to

> > outside agencies bent on exerting ever-increasing control over us.

> > As a

> > licensed professional each therapist should have the wherewithal and

> > the

> > judgment to determine what is best for their patients and should

> > have the

> > authority to delegate some of those responsibilities. Should techs

> > be doing

> > manipulation or joint mobilization? Of course not! Could a tech be

> > trained

> > to administer ultrasound, iontophoresis or apply electrodes? Of

> > course they

> > could. Could a tech count repetitions of SLRs, QS, or shoulder

> > pulleys?

> > I'm thinking, yes. I understand that " if you give some people and

> > inch,

> > they will take a mile. " That is human nature. Is it right? NO.

> > Should we

> > all put shackles on ourselves to prevent the bad ones from taking

> > over the

> > world? I think not. Guys, all I am saying is let's not add more

> > burdensome regulations to an already over-regulated industry. If the

> > guys

> > down the street are doing a bad job by using techs improperly, then

> > dedicate

> > your efforts to doing a better job. The best revenge is to flourish

> > and

> > prosper. Some advice from an old-timer.

> >

> > Rob Jordan, PT, MPT, GCS, OCS

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> > [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> > ps.com] On

> > Behalf

> > Of Ron Barbato

> > Sent: Friday, May 02, 2008 9:03 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > My concern with this thread is the terminology - delegated duties,

> > with

> > established competency "

> > Are we saying that skilled PT interventions can be " learned on the

> > job "

> > Fellow colleagues, that is a very slippery slope with significant

> > implications

> > Use of non licensed aides to perform skilled billable physical

> therapy

> > service is unacceptable.

> >

> > Ron Barbato PT

> > Administrative Director, Rehabilitation Services

> > Ephraim McDowell Health

> > Voice:

> > Fax:

> > HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

> > Member, KY Board of Physical Therapy

> >

> > PRIVILEGED AND CONFIDENTIAL: This transmission may contain

> information

> > that is privileged subject to attorney-client privilege or attorney

> > work

> > product, confidential and/or exempt from disclosure under applicable

> > law. If you are not the intended recipient, then please do not

> read it

> > and be aware that any disclosure, copying, distribution, or use of

> the

> > information contained herein (including any reliance thereon) is

> > STRICTLY PROHIBITED. If you received this transmission in error,

> > please

> > immediately advise me, by reply e-mail, and delete this message and

> > any

> > attachments without retaining a copy in any form. Thank you.

> >

> > Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > - Ssate practice acts governing the rules and laws of PT

> > differ greatly in that respect. However, over the last two decades,

> > states have generally become more restrictive on delegation issues,

> > following the lead of the APTA, which supports only the PT and the

> > PTA are the only providers of physical therapy services. Here is a

> > link from the Federation showing a state by state guide of this:

> > HYPERLINK

> > " http://www.fsbpt. <http://www.fsbpt.

> <http://www.fsbpt. <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

org/RegulatoryTools/ReferenceGuide/>

> org/RegulatoryTools/ReferenceGuide/

> > >

> > org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> > <http://www.fsbpt. <http://www.fsbpt. <http://www.fsbpt.-org/> -org/>

-org/> -org/

> > RegulatoryTo-ols/ReferenceGui-de/

> >

> > Don Walsh, PT, MS, OCS

> > Gainesville GA

> >

> >

> > >

> > > Why does the Florida practice act appear to allow us

> > > to delegate portions of treatment to aides and bill

> > > for it? This is the " excemptions " section, please not

> > > excemption (3). If an employer references this and

> > > argues that an athletic trainer, or even a PT aide can

> > > be trained by a PT to assist in the clinic for

> > > non-medicare patients, how does a PT manager or PT

> > > counter this point?

> > >

> > > 486.161 Exemptions.---

> > >

> > > (1) No provision of this chapter shall be construed

> > > to prohibit any person licensed in this state from

> > > using any physical agent as a part of, or incidental

> > > to, the lawful practice of her or his profession under

> > > the statutes applicable to the profession of

> > > chiropractic physician, podiatric physician, doctor of

> > > medicine, massage therapist, nurse, osteopathic

> > > physician or surgeon, occupational therapist, or

> > > naturopath.

> > >

> > > (2) No provision of this chapter shall be construed

> > > to prohibit:

> > >

> > > (a) Any student who is enrolled in a school or course

> > > of physical therapy approved by the board from

> > > performing such acts of physical therapy as are

> > > incidental to her or his course of study; or

> > >

> > > (B) Any physical therapist from another state from

> > > performing physical therapy incidental to a course of

> > > study when taking or giving a postgraduate course or

> > > other course of study in this state, provided such

> > > physical therapist is licensed in another jurisdiction

> > > or holds an appointment on the faculty of a school

> > > approved for training physical therapists or physical

> > > therapist assistants.

> > >

> > > (3) No provision of this chapter prohibits a licensed

> > > physical therapist from delegating, to a person

> > > qualified by training, experience, or education,

> > > specific patient care activities, as defined and

> > > limited by board rule, to assist the licensed physical

> > > therapist in performing duties in compliance with the

> > > standards of the practice of physical therapy.

> > > Specific patient care activities, as defined and

> > > limited by board rule, must be performed under the

> > > direct supervision of the licensed physical therapist

> > > or physical therapist assistant in the immediate area,

> > > if the person is not a licensed physical therapist

> > > assistant.

> > >

> > >

> > >

> > >

> > >

> > ____________-_________-_________-_________-_________-_________-_

> > ____________-___

> > > Be a better friend, newshound, and

> > > know-it-all with Yahoo! Mobile. Try it now.

> > HYPERLINK

> > " http://mobile. <http://mobile.

> <http://mobile.

<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> > >

> > yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> > <http://mobile. <http://mobile. <http://mobile.-y> -y> -y> -y

> > ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> > >

> >

> > ---------------------------------------

> >

> > In ALL messages to PTManager you must identify yourself, your

> > discipline

> > and your location or else your message will not be approved to

> send to

> > the full group.

> >

> > PTManager encourages participation in your professional association.

> > Join APTA, AOTA or ASHA and participate now!

> >

> > Visit the NEW and IMPROVED www.InHomeRehab.-com.

> >

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Guest guest

Legality and ethics aside since they seem to have been covered in depth,

liability is a huge one for not using Aids, I believe 50% of all lawsuits

brought against PT’s are related to thermal agents, US, heat, ES, seems to

me you would be greatly increasing your risk by using an Aid if an adverse

reaction should occur.

Joe Ruzich, PT

_____

From: PTManager [mailto:PTManager ] On Behalf

Of Larry Benz

Sent: Monday, May 05, 2008 10:17 AM

To: PTManager

Subject: RE: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

:

You have succinctly and brilliantly lined out the reality of our quest to

infringe upon our profession and state practice acts.

I would further add that there is a sort of arrogance of " protection " on the

side of those in our profession that want to legislate ethics and promote

that PT's aren't smart enough to supervise a tech to put a hot pack on

somebody (for which we don't get paid for) and it can only be done by a PT

or PTA one on one. We are quickly approaching a point where personal

trainers have more power and reimbursement than we do.

Lastly, it also impugns the entire military and VA health care system which

uses extenders (who are at lower cost) under supervision. In fact, there

have been studies (and a great book) that tout they have the best medical

system in the world which combines quality and cost effectiveness.

Thanks again for your timely post.

__________________________________________

Larry

Larry Benz

13000 Equity Place Suite 105

Louisville, KY 40223

larry@physicalthera <mailto:larry%40physicaltherapist.com> pist.com

<mailto:larry@physicalthera <mailto:larry%40physicaltherapist.com> pist.com>

(best way to reach)

office

mobile (Spinvox converts your voice mail to email)

fax (only if you must)

LarryBenz MyPhysicalTherapySpace.com ID

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Nothing in this message is intended to constitute an Electronic signature

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From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

[mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com] On

Behalf Of Jordan

Sent: Monday, May 05, 2008 8:51 AM

To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

Subject: Re: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

Tom

I agree with you. You make it sound like simply disagreeing with the

rules is the same as " choosing " not to be " ethical. " The point is

that you cannot legislate ethics. In the 1700s it was illegal for

women to vote. Thank God someone disagreed. I just don't want

individuals and government agencies outside of our profession setting

the standards for us. But that is exactly what has happened. We just

smile, agree, and call each other unethical because some of us don't

tow the company line. If we continue this trend, we will not be able

to utilize PTAs (some insurance carriers have already excluded them

from coverage), next, you will not be " qualified " if you are not a DPT

(BCBS is considering that), or maybe a PT should not be able to see

ortho patients without OCS certification (BCBS actually mandated this

in Arkansas until we persuaded them to back off). We'll see how many

PTs stay in the profession when we are getting $27 per visit of one on

one therapy. Think that is impossible? Call one of your colleagues in

Canada. Use techs, don't use techs, I don't care. I trust your

professional judgment. You earned that trust.

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

On May 3, 2008, at 6:33 PM, " thomas m howell " <thowellfiberpipe (DOT)

<mailto:thowell%40fiberpipe.net> net <mailto:thowell%40fiberpipe.net> >

wrote:

> Hi Rob,

>

> I wish I could lighten the discussion but I have no profound words

> to do

> that today. It is easy to get discouraged by a wacky system of

> reimbursement that requires us to follow wacky rules. I know I have

> asked

> myself on more than one occasion if it is worth it. I wish that I

> could

> lessen that discouragement that I feel in your posts but I can't.

>

> I always have to be reminded, (as I was just recently on the

> discussion on

> CPT codes) of the amount of time and hard work by our colleagues and

> peers

> on the things that make up our every day practice. Ethics and rules

> are

> there to protect the public we serve. The ethics and rules we try to

> follow

> have been debated and discussed for years by people from all

> backgrounds and

> all experiences in PT. These rules were not arrived at lightly and are

> continually being reviewed as our practice changes. Most of the

> rules and

> ethics required by insurances, including Medicare, mirror what the

> APTA has

> set forth. But again, these rules and ethics are there to protect the

> public, as they should. SO.we have controlled our own destiny by

> arriving

> at rules and ethics set forth by our own peers.

>

> Ethics are " high and mighty " and they should be. We serve the public

> and

> they should be afforded every protection we can give them including

> the best

> practice standards we can create. If only the public understood the

> dedication and hard work and attention to ethical treatment that we

> have

> worked on, they could plainly see what sets us apart from the personal

> trainer who spent two hours online and get a certification and has no

> standards or ethics in place to protect anyone!

>

> Follow the rules and ethics, don't follow the rules and ethics, that

> is your

> choice as is your choice to accept insurances or treat on a cash

> only basis.

> You can disagree all you want but I will continue to let you and this

> listserve know that you can follow the rules and ethics and still

> have a

> successful profitable practice.

>

> Tom Howell, P.T., M.P.T.

>

> Howell Physical Therapy

>

> Eagle, ID

>

> howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

<mailto:howellpt%40fiberpipe.net>

>

> _____

>

> From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com> [mailto:PTManager@yahoogrou

<mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com> ]

> On Behalf

> Of Jordan

> Sent: Friday, May 02, 2008 8:40 PM

> To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com>

> Subject: Re: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> Tom,

>

> I completely understand your statements. I think, however, you

> misunderstood mine. I followed the rules for 18 years of practice.

> There is no " choice " to make. If you seriously believe that you can

> follow Medicare rules and " still do OK in the profit department " I

> think I would have to respectfully disagree. My point was that we keep

> tightening the reigns on ourselves by quoting high and mighty ethics.

> I just think it is sad that we have lost the ability to think for

> ourselves. Thank God we have Medicare to tell us what is ethical and

> what is not. You are correct in stating that we have to choose.

> Unfortunately, we have given up all rights to choose. As a result, we

> spend 8-22 minutes counting straight leg raises. Do we need DPTs to do

> that?

>

> Rob Jordan, PT, MPT, GCS, OCS

> Sent from iPhone

>

> On May 2, 2008, at 1:41 PM, " thomas m howell " <thowellfiberpipe (DOT)

> <mailto:thowell%40fiberpipe.net> net>

> wrote:

>

> > Hi Rob,

> >

> > Please remember that CMS (Medicare) does not mandate that anyone has

> > to see

> > one patient at a time. They do require truth in billing such that if

> > you

> > are billing one-on-one codes, you better be treating one-on-one. And

> > they

> > require the proper use of group billing codes when more than one

> > Medicare

> > client is being seen at a time.

> >

> > Whether we want to admit it or not, Medicare has simply responded to

> > the

> > gross overutilization of one-on-one CPT codes by unscrupulous

> > practices who

> > bilked Medicare for millions in fraud. And they responded to the

> gross

> > overutilization of aides to do " treatment " as well by mandating

> > restrictions

> > on their use.

> >

> > While I'm no fan of insurances and their rules, remember also that

> our

> > professional organization has agreed upon very restrictive policies

> > on aide

> > use and utilization, policies based on hours and hours of testimony

> > and

> > debate. These policies were not taken lightly but were based on what

> > is in

> > the best interest of the public that we serve.

> >

> > As I have stated before, it is my opinion that utilizing aides to do

> > treatment devalues our profession. Patients come to you clinic

> > wanting to

> > see you, the PT, not your aide, not you and six other patients.

> > Utilizing

> > aides is allowed in a lot of state practice acts, for sure, but it

> > still is

> > a choice that a clinic owner can make. Insurances are demanding that

> > PT's

> > honor the contracts that are signed to serve their beneficiaries in

> > which it

> > is understood that their beneficiaries are being seen by a PT, not

> > an aide.

> >

> > I fail to see how delegating treatment to aides improves treatment.

> > All I

> > see is that it is a way to see more patients in a day and make more

> > money.

> > And as has been illustrated on this list, there are plenty of

> > practitioners,

> > who follow the rules, that are doing just fine in the profit column

> > AND are

> > not utilizing aides for treatment.

> >

> > It is up to you to make the choice

> >

> > Tom Howell, P.T., M.P.T.

> >

> > Howell Physical Therapy

> >

> > Eagle, ID

> >

> > howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com]

> > On Behalf

> > Of Jordan

> > Sent: Friday, May 02, 2008 9:16 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > It's feather ruffling time...You know guys, I completely agree with

> > the

> > comments made on this posting with regards to delegation of skilled

> > interventions to aides. This debate crops up frequently in many

> > different

> > circles and the result is always the same. I have one consideration

> > on this

> > topic and I would like to request that we all just step back, take a

> > breath,

> > and consider what is at stake. Most of you would agree that we are

> > being

> > regulated to death by CMS and other government beaurocracies.

> > Insurance

> > companies do not value what we do. Every day, we are told what to

> > do, how

> > to do it, how long to do it and then after we do it, we are told

> > that what

> > we did was not medically necessary. Many in our profession will

> > adamantly

> > state that it is " unethical " to treat more than one patient at a

> time.

> > What? When did that get carved in stone? Since when is the senseless

> > mandate of a government regulatory agency (Medicare) the yardstick

> of

> > ethical practice? We have become so suppressed by Medicare,

> insurance

> > companies and physicians that we actually believe what we are

> > incapable of

> > sound professional judgment. Our profession is de-volving in its

> > ability to

> > determine its own destiny. Debates like this simply give credibility

> > to

> > outside agencies bent on exerting ever-increasing control over us.

> > As a

> > licensed professional each therapist should have the wherewithal and

> > the

> > judgment to determine what is best for their patients and should

> > have the

> > authority to delegate some of those responsibilities. Should techs

> > be doing

> > manipulation or joint mobilization? Of course not! Could a tech be

> > trained

> > to administer ultrasound, iontophoresis or apply electrodes? Of

> > course they

> > could. Could a tech count repetitions of SLRs, QS, or shoulder

> > pulleys?

> > I'm thinking, yes. I understand that " if you give some people and

> > inch,

> > they will take a mile. " That is human nature. Is it right? NO.

> > Should we

> > all put shackles on ourselves to prevent the bad ones from taking

> > over the

> > world? I think not. Guys, all I am saying is let's not add more

> > burdensome regulations to an already over-regulated industry. If the

> > guys

> > down the street are doing a bad job by using techs improperly, then

> > dedicate

> > your efforts to doing a better job. The best revenge is to flourish

> > and

> > prosper. Some advice from an old-timer.

> >

> > Rob Jordan, PT, MPT, GCS, OCS

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> > [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> > ps.com] On

> > Behalf

> > Of Ron Barbato

> > Sent: Friday, May 02, 2008 9:03 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > My concern with this thread is the terminology - delegated duties,

> > with

> > established competency "

> > Are we saying that skilled PT interventions can be " learned on the

> > job "

> > Fellow colleagues, that is a very slippery slope with significant

> > implications

> > Use of non licensed aides to perform skilled billable physical

> therapy

> > service is unacceptable.

> >

> > Ron Barbato PT

> > Administrative Director, Rehabilitation Services

> > Ephraim McDowell Health

> > Voice:

> > Fax:

> > HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

> > Member, KY Board of Physical Therapy

> >

> > PRIVILEGED AND CONFIDENTIAL: This transmission may contain

> information

> > that is privileged subject to attorney-client privilege or attorney

> > work

> > product, confidential and/or exempt from disclosure under applicable

> > law. If you are not the intended recipient, then please do not

> read it

> > and be aware that any disclosure, copying, distribution, or use of

> the

> > information contained herein (including any reliance thereon) is

> > STRICTLY PROHIBITED. If you received this transmission in error,

> > please

> > immediately advise me, by reply e-mail, and delete this message and

> > any

> > attachments without retaining a copy in any form. Thank you.

> >

> > Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > - Ssate practice acts governing the rules and laws of PT

> > differ greatly in that respect. However, over the last two decades,

> > states have generally become more restrictive on delegation issues,

> > following the lead of the APTA, which supports only the PT and the

> > PTA are the only providers of physical therapy services. Here is a

> > link from the Federation showing a state by state guide of this:

> > HYPERLINK

> > " http://www.fsbpt. <http://www.fsbpt.

> <http://www.fsbpt. <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

org/RegulatoryTools/ReferenceGuide/>

> org/RegulatoryTools/ReferenceGuide/

> > >

> > org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> > <http://www.fsbpt. <http://www.fsbpt. <http://www.fsbpt.-org/> -org/>

-org/> -org/

> > RegulatoryTo-ols/ReferenceGui-de/

> >

> > Don Walsh, PT, MS, OCS

> > Gainesville GA

> >

> >

> > >

> > > Why does the Florida practice act appear to allow us

> > > to delegate portions of treatment to aides and bill

> > > for it? This is the " excemptions " section, please not

> > > excemption (3). If an employer references this and

> > > argues that an athletic trainer, or even a PT aide can

> > > be trained by a PT to assist in the clinic for

> > > non-medicare patients, how does a PT manager or PT

> > > counter this point?

> > >

> > > 486.161 Exemptions.---

> > >

> > > (1) No provision of this chapter shall be construed

> > > to prohibit any person licensed in this state from

> > > using any physical agent as a part of, or incidental

> > > to, the lawful practice of her or his profession under

> > > the statutes applicable to the profession of

> > > chiropractic physician, podiatric physician, doctor of

> > > medicine, massage therapist, nurse, osteopathic

> > > physician or surgeon, occupational therapist, or

> > > naturopath.

> > >

> > > (2) No provision of this chapter shall be construed

> > > to prohibit:

> > >

> > > (a) Any student who is enrolled in a school or course

> > > of physical therapy approved by the board from

> > > performing such acts of physical therapy as are

> > > incidental to her or his course of study; or

> > >

> > > (B) Any physical therapist from another state from

> > > performing physical therapy incidental to a course of

> > > study when taking or giving a postgraduate course or

> > > other course of study in this state, provided such

> > > physical therapist is licensed in another jurisdiction

> > > or holds an appointment on the faculty of a school

> > > approved for training physical therapists or physical

> > > therapist assistants.

> > >

> > > (3) No provision of this chapter prohibits a licensed

> > > physical therapist from delegating, to a person

> > > qualified by training, experience, or education,

> > > specific patient care activities, as defined and

> > > limited by board rule, to assist the licensed physical

> > > therapist in performing duties in compliance with the

> > > standards of the practice of physical therapy.

> > > Specific patient care activities, as defined and

> > > limited by board rule, must be performed under the

> > > direct supervision of the licensed physical therapist

> > > or physical therapist assistant in the immediate area,

> > > if the person is not a licensed physical therapist

> > > assistant.

> > >

> > >

> > >

> > >

> > >

> > ____________-_________-_________-_________-_________-_________-_

> > ____________-___

> > > Be a better friend, newshound, and

> > > know-it-all with Yahoo! Mobile. Try it now.

> > HYPERLINK

> > " http://mobile. <http://mobile.

> <http://mobile.

<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> > >

> > yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> > <http://mobile. <http://mobile. <http://mobile.-y> -y> -y> -y

> > ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> > >

> >

> > ---------------------------------------

> >

> > In ALL messages to PTManager you must identify yourself, your

> > discipline

> > and your location or else your message will not be approved to

> send to

> > the full group.

> >

> > PTManager encourages participation in your professional association.

> > Join APTA, AOTA or ASHA and participate now!

> >

> > Visit the NEW and IMPROVED www.InHomeRehab.-com.

> >

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Guest guest

Ladies and Gentlemen,

Those that have read my posts over the years, know that I try and debate the

issues with the utmost respect to the colleagues on this list. I feel that

the replies to my posts regarding billing, treatment, aides and ethics has

turned away from that decorum and has spiraled into personal attacks. I

think it is time to ratchet down the emotion.

How you chose to use aides is up to you. Most practice acts allow aides to

be used with proper supervision. I have tried to illustrate an alternative

that I believe in and illustrate that the alternative works while also

following the rules set forth by the APTA and followed by insurances. Do I

use aides? Yes. I use them in support capacity but I do not have them do

any form of treatment. That is my choice and has worked well for my clinic,

allowing me to compete in a crowded competitive market.

If you truly believe in how you use support personnel is better and that

research supports it, then go to the APTA through your Chief Delegate and

work to make changes. These issues are always open for review and debate.

Tom Howell, P.T., M.P.T.

Howell Physical Therapy

Eagle, ID

howellpt@...

_____

From: PTManager [mailto:PTManager ] On Behalf

Of Larry Benz

Sent: Monday, May 05, 2008 10:17 AM

To: PTManager

Subject: RE: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

:

You have succinctly and brilliantly lined out the reality of our quest to

infringe upon our profession and state practice acts.

I would further add that there is a sort of arrogance of " protection " on the

side of those in our profession that want to legislate ethics and promote

that PT's aren't smart enough to supervise a tech to put a hot pack on

somebody (for which we don't get paid for) and it can only be done by a PT

or PTA one on one. We are quickly approaching a point where personal

trainers have more power and reimbursement than we do.

Lastly, it also impugns the entire military and VA health care system which

uses extenders (who are at lower cost) under supervision. In fact, there

have been studies (and a great book) that tout they have the best medical

system in the world which combines quality and cost effectiveness.

Thanks again for your timely post.

__________________________________________

Larry

Larry Benz

13000 Equity Place Suite 105

Louisville, KY 40223

larry@physicalthera <mailto:larry%40physicaltherapist.com> pist.com

<mailto:larry@physicalthera <mailto:larry%40physicaltherapist.com> pist.com>

(best way to reach)

office

mobile (Spinvox converts your voice mail to email)

fax (only if you must)

LarryBenz MyPhysicalTherapySpace.com ID

This message, including any attachments, contains confidential information

intended for a specific individual and purpose. This email is covered by the

Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally

privileged. If you are not the intended recipient, please contact the sender

immediately by reply e-mail and destroy all copies. You are hereby notified

that any disclosure, copying, or distribution of this message, or the taking

of any action based on it, is strictly prohibited.

Nothing in this message is intended to constitute an Electronic signature

for the purpose of the Electronic Transactions Act (UETA) or the Electronic

Signatures in Global and National Commerce Act( " E-Sign " ) unless a specific

statement to the contrary is included in this message.

Virus Protection: Although we have taken steps to ensure that this email and

its attachments (if any) are free from any virus, the recipient should, in

keeping with good computing practice, also check this email and any

attachments for the presence of viruses.

Internet Email Security: Please note that this email is sent without

encryption and has been created in the knowledge that Internet email is most

commonly sent without encryption. Unencrypted email is not a secure

communications medium. Also, please note that it is possible to spoof or

fake the return address found in the From section of an Internet email.

There is no guarantee that the sender listed in the From section actually

sent the email. We advise that you understand and observe this lack of

security when emailing us.

From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

[mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com] On

Behalf Of Jordan

Sent: Monday, May 05, 2008 8:51 AM

To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

Subject: Re: Re: So we can use techs or aides to perform part of

our treatment? (Not medicare)

Tom

I agree with you. You make it sound like simply disagreeing with the

rules is the same as " choosing " not to be " ethical. " The point is

that you cannot legislate ethics. In the 1700s it was illegal for

women to vote. Thank God someone disagreed. I just don't want

individuals and government agencies outside of our profession setting

the standards for us. But that is exactly what has happened. We just

smile, agree, and call each other unethical because some of us don't

tow the company line. If we continue this trend, we will not be able

to utilize PTAs (some insurance carriers have already excluded them

from coverage), next, you will not be " qualified " if you are not a DPT

(BCBS is considering that), or maybe a PT should not be able to see

ortho patients without OCS certification (BCBS actually mandated this

in Arkansas until we persuaded them to back off). We'll see how many

PTs stay in the profession when we are getting $27 per visit of one on

one therapy. Think that is impossible? Call one of your colleagues in

Canada. Use techs, don't use techs, I don't care. I trust your

professional judgment. You earned that trust.

Rob Jordan, PT, MPT, GCS, OCS

Sent from iPhone

On May 3, 2008, at 6:33 PM, " thomas m howell " <thowellfiberpipe (DOT)

<mailto:thowell%40fiberpipe.net> net <mailto:thowell%40fiberpipe.net> >

wrote:

> Hi Rob,

>

> I wish I could lighten the discussion but I have no profound words

> to do

> that today. It is easy to get discouraged by a wacky system of

> reimbursement that requires us to follow wacky rules. I know I have

> asked

> myself on more than one occasion if it is worth it. I wish that I

> could

> lessen that discouragement that I feel in your posts but I can't.

>

> I always have to be reminded, (as I was just recently on the

> discussion on

> CPT codes) of the amount of time and hard work by our colleagues and

> peers

> on the things that make up our every day practice. Ethics and rules

> are

> there to protect the public we serve. The ethics and rules we try to

> follow

> have been debated and discussed for years by people from all

> backgrounds and

> all experiences in PT. These rules were not arrived at lightly and are

> continually being reviewed as our practice changes. Most of the

> rules and

> ethics required by insurances, including Medicare, mirror what the

> APTA has

> set forth. But again, these rules and ethics are there to protect the

> public, as they should. SO.we have controlled our own destiny by

> arriving

> at rules and ethics set forth by our own peers.

>

> Ethics are " high and mighty " and they should be. We serve the public

> and

> they should be afforded every protection we can give them including

> the best

> practice standards we can create. If only the public understood the

> dedication and hard work and attention to ethical treatment that we

> have

> worked on, they could plainly see what sets us apart from the personal

> trainer who spent two hours online and get a certification and has no

> standards or ethics in place to protect anyone!

>

> Follow the rules and ethics, don't follow the rules and ethics, that

> is your

> choice as is your choice to accept insurances or treat on a cash

> only basis.

> You can disagree all you want but I will continue to let you and this

> listserve know that you can follow the rules and ethics and still

> have a

> successful profitable practice.

>

> Tom Howell, P.T., M.P.T.

>

> Howell Physical Therapy

>

> Eagle, ID

>

> howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

<mailto:howellpt%40fiberpipe.net>

>

> _____

>

> From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com> [mailto:PTManager@yahoogrou

<mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com> ]

> On Behalf

> Of Jordan

> Sent: Friday, May 02, 2008 8:40 PM

> To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

<mailto:PTManager%40yahoogroups.com>

> Subject: Re: Re: So we can use techs or aides to perform

> part of

> our treatment? (Not medicare)

>

> Tom,

>

> I completely understand your statements. I think, however, you

> misunderstood mine. I followed the rules for 18 years of practice.

> There is no " choice " to make. If you seriously believe that you can

> follow Medicare rules and " still do OK in the profit department " I

> think I would have to respectfully disagree. My point was that we keep

> tightening the reigns on ourselves by quoting high and mighty ethics.

> I just think it is sad that we have lost the ability to think for

> ourselves. Thank God we have Medicare to tell us what is ethical and

> what is not. You are correct in stating that we have to choose.

> Unfortunately, we have given up all rights to choose. As a result, we

> spend 8-22 minutes counting straight leg raises. Do we need DPTs to do

> that?

>

> Rob Jordan, PT, MPT, GCS, OCS

> Sent from iPhone

>

> On May 2, 2008, at 1:41 PM, " thomas m howell " <thowellfiberpipe (DOT)

> <mailto:thowell%40fiberpipe.net> net>

> wrote:

>

> > Hi Rob,

> >

> > Please remember that CMS (Medicare) does not mandate that anyone has

> > to see

> > one patient at a time. They do require truth in billing such that if

> > you

> > are billing one-on-one codes, you better be treating one-on-one. And

> > they

> > require the proper use of group billing codes when more than one

> > Medicare

> > client is being seen at a time.

> >

> > Whether we want to admit it or not, Medicare has simply responded to

> > the

> > gross overutilization of one-on-one CPT codes by unscrupulous

> > practices who

> > bilked Medicare for millions in fraud. And they responded to the

> gross

> > overutilization of aides to do " treatment " as well by mandating

> > restrictions

> > on their use.

> >

> > While I'm no fan of insurances and their rules, remember also that

> our

> > professional organization has agreed upon very restrictive policies

> > on aide

> > use and utilization, policies based on hours and hours of testimony

> > and

> > debate. These policies were not taken lightly but were based on what

> > is in

> > the best interest of the public that we serve.

> >

> > As I have stated before, it is my opinion that utilizing aides to do

> > treatment devalues our profession. Patients come to you clinic

> > wanting to

> > see you, the PT, not your aide, not you and six other patients.

> > Utilizing

> > aides is allowed in a lot of state practice acts, for sure, but it

> > still is

> > a choice that a clinic owner can make. Insurances are demanding that

> > PT's

> > honor the contracts that are signed to serve their beneficiaries in

> > which it

> > is understood that their beneficiaries are being seen by a PT, not

> > an aide.

> >

> > I fail to see how delegating treatment to aides improves treatment.

> > All I

> > see is that it is a way to see more patients in a day and make more

> > money.

> > And as has been illustrated on this list, there are plenty of

> > practitioners,

> > who follow the rules, that are doing just fine in the profit column

> > AND are

> > not utilizing aides for treatment.

> >

> > It is up to you to make the choice

> >

> > Tom Howell, P.T., M.P.T.

> >

> > Howell Physical Therapy

> >

> > Eagle, ID

> >

> > howellptfiberpipe (DOT) <mailto:howellpt%40fiberpipe.net> net

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com]

> > On Behalf

> > Of Jordan

> > Sent: Friday, May 02, 2008 9:16 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > It's feather ruffling time...You know guys, I completely agree with

> > the

> > comments made on this posting with regards to delegation of skilled

> > interventions to aides. This debate crops up frequently in many

> > different

> > circles and the result is always the same. I have one consideration

> > on this

> > topic and I would like to request that we all just step back, take a

> > breath,

> > and consider what is at stake. Most of you would agree that we are

> > being

> > regulated to death by CMS and other government beaurocracies.

> > Insurance

> > companies do not value what we do. Every day, we are told what to

> > do, how

> > to do it, how long to do it and then after we do it, we are told

> > that what

> > we did was not medically necessary. Many in our profession will

> > adamantly

> > state that it is " unethical " to treat more than one patient at a

> time.

> > What? When did that get carved in stone? Since when is the senseless

> > mandate of a government regulatory agency (Medicare) the yardstick

> of

> > ethical practice? We have become so suppressed by Medicare,

> insurance

> > companies and physicians that we actually believe what we are

> > incapable of

> > sound professional judgment. Our profession is de-volving in its

> > ability to

> > determine its own destiny. Debates like this simply give credibility

> > to

> > outside agencies bent on exerting ever-increasing control over us.

> > As a

> > licensed professional each therapist should have the wherewithal and

> > the

> > judgment to determine what is best for their patients and should

> > have the

> > authority to delegate some of those responsibilities. Should techs

> > be doing

> > manipulation or joint mobilization? Of course not! Could a tech be

> > trained

> > to administer ultrasound, iontophoresis or apply electrodes? Of

> > course they

> > could. Could a tech count repetitions of SLRs, QS, or shoulder

> > pulleys?

> > I'm thinking, yes. I understand that " if you give some people and

> > inch,

> > they will take a mile. " That is human nature. Is it right? NO.

> > Should we

> > all put shackles on ourselves to prevent the bad ones from taking

> > over the

> > world? I think not. Guys, all I am saying is let's not add more

> > burdensome regulations to an already over-regulated industry. If the

> > guys

> > down the street are doing a bad job by using techs improperly, then

> > dedicate

> > your efforts to doing a better job. The best revenge is to flourish

> > and

> > prosper. Some advice from an old-timer.

> >

> > Rob Jordan, PT, MPT, GCS, OCS

> >

> > _____

> >

> > From: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> ps.com

> > [mailto:PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com>

> > ps.com] On

> > Behalf

> > Of Ron Barbato

> > Sent: Friday, May 02, 2008 9:03 AM

> > To: PTManager@yahoogrou <mailto:PTManager%40yahoogroups.com> ps.com

> > Subject: RE: Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > My concern with this thread is the terminology - delegated duties,

> > with

> > established competency "

> > Are we saying that skilled PT interventions can be " learned on the

> > job "

> > Fellow colleagues, that is a very slippery slope with significant

> > implications

> > Use of non licensed aides to perform skilled billable physical

> therapy

> > service is unacceptable.

> >

> > Ron Barbato PT

> > Administrative Director, Rehabilitation Services

> > Ephraim McDowell Health

> > Voice:

> > Fax:

> > HYPERLINK " mailto:rbarbato%40emrmc.org " rbarbatoemrmc (DOT) -org

> > Member, KY Board of Physical Therapy

> >

> > PRIVILEGED AND CONFIDENTIAL: This transmission may contain

> information

> > that is privileged subject to attorney-client privilege or attorney

> > work

> > product, confidential and/or exempt from disclosure under applicable

> > law. If you are not the intended recipient, then please do not

> read it

> > and be aware that any disclosure, copying, distribution, or use of

> the

> > information contained herein (including any reliance thereon) is

> > STRICTLY PROHIBITED. If you received this transmission in error,

> > please

> > immediately advise me, by reply e-mail, and delete this message and

> > any

> > attachments without retaining a copy in any form. Thank you.

> >

> > Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > - Ssate practice acts governing the rules and laws of PT

> > differ greatly in that respect. However, over the last two decades,

> > states have generally become more restrictive on delegation issues,

> > following the lead of the APTA, which supports only the PT and the

> > PTA are the only providers of physical therapy services. Here is a

> > link from the Federation showing a state by state guide of this:

> > HYPERLINK

> > " http://www.fsbpt. <http://www.fsbpt.

> <http://www.fsbpt. <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

org/RegulatoryTools/ReferenceGuide/>

> org/RegulatoryTools/ReferenceGuide/

> > >

> > org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> > <http://www.fsbpt. <http://www.fsbpt. <http://www.fsbpt.-org/> -org/>

-org/> -org/

> > RegulatoryTo-ols/ReferenceGui-de/

> >

> > Don Walsh, PT, MS, OCS

> > Gainesville GA

> >

> >

> > >

> > > Why does the Florida practice act appear to allow us

> > > to delegate portions of treatment to aides and bill

> > > for it? This is the " excemptions " section, please not

> > > excemption (3). If an employer references this and

> > > argues that an athletic trainer, or even a PT aide can

> > > be trained by a PT to assist in the clinic for

> > > non-medicare patients, how does a PT manager or PT

> > > counter this point?

> > >

> > > 486.161 Exemptions.---

> > >

> > > (1) No provision of this chapter shall be construed

> > > to prohibit any person licensed in this state from

> > > using any physical agent as a part of, or incidental

> > > to, the lawful practice of her or his profession under

> > > the statutes applicable to the profession of

> > > chiropractic physician, podiatric physician, doctor of

> > > medicine, massage therapist, nurse, osteopathic

> > > physician or surgeon, occupational therapist, or

> > > naturopath.

> > >

> > > (2) No provision of this chapter shall be construed

> > > to prohibit:

> > >

> > > (a) Any student who is enrolled in a school or course

> > > of physical therapy approved by the board from

> > > performing such acts of physical therapy as are

> > > incidental to her or his course of study; or

> > >

> > > (B) Any physical therapist from another state from

> > > performing physical therapy incidental to a course of

> > > study when taking or giving a postgraduate course or

> > > other course of study in this state, provided such

> > > physical therapist is licensed in another jurisdiction

> > > or holds an appointment on the faculty of a school

> > > approved for training physical therapists or physical

> > > therapist assistants.

> > >

> > > (3) No provision of this chapter prohibits a licensed

> > > physical therapist from delegating, to a person

> > > qualified by training, experience, or education,

> > > specific patient care activities, as defined and

> > > limited by board rule, to assist the licensed physical

> > > therapist in performing duties in compliance with the

> > > standards of the practice of physical therapy.

> > > Specific patient care activities, as defined and

> > > limited by board rule, must be performed under the

> > > direct supervision of the licensed physical therapist

> > > or physical therapist assistant in the immediate area,

> > > if the person is not a licensed physical therapist

> > > assistant.

> > >

> > >

> > >

> > >

> > >

> > ____________-_________-_________-_________-_________-_________-_

> > ____________-___

> > > Be a better friend, newshound, and

> > > know-it-all with Yahoo! Mobile. Try it now.

> > HYPERLINK

> > " http://mobile. <http://mobile.

> <http://mobile.

<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> > >

> > yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> > <http://mobile. <http://mobile. <http://mobile.-y> -y> -y> -y

> > ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> > >

> >

> > ---------------------------------------

> >

> > In ALL messages to PTManager you must identify yourself, your

> > discipline

> > and your location or else your message will not be approved to

> send to

> > the full group.

> >

> > PTManager encourages participation in your professional association.

> > Join APTA, AOTA or ASHA and participate now!

> >

> > Visit the NEW and IMPROVED www.InHomeRehab.-com.

> >

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Guest guest

In response to Tom's point of the heated forum

I believe that this subject is a bit heated (not personal) because of the

obvious means that our profession has been attacked (for a lack of a better

word).  My feelings and voice is so deeply concerned with the future of our

great profession with an emphasis on positive action.  We have so much

substance and education that (I sure you feel this way) when personal trainers,

LMT's etc.  start chipping at our back sides we need to turn around and bite

back (in a constructive way).  This goes into the realm of legislation,

practice principles etc.  and will also touch on the issue of how we can be

more effective in our delivery without lessening the quality of our services. 

's point on not  " agreeing with "  the laws that are put forth

is important because those laws haven't progressed our cause.  So we have

to take action, make the profession better.  We are the primary care providers

for Musculoskeletal Conditions and we should take that title and explore it so

it is real.  Having correct ancillary help is a key piece of this viewpoint-

to increase our ability to service the public, but it is our to grab because

others (ancillary help) really don't have the quality and depth or our

knowledge base. 

Vinod Somareddy, DPT    

Re: So we can use techs or aides to perform

> > part of

> > our treatment? (Not medicare)

> >

> > - Ssate practice acts governing the rules and laws of PT

> > differ greatly in that respect. However, over the last two decades,

> > states have generally become more restrictive on delegation issues,

> > following the lead of the APTA, which supports only the PT and the

> > PTA are the only providers of physical therapy services. Here is a

> > link from the Federation showing a state by state guide of this:

> > HYPERLINK

> > " http://www.fsbpt. <http://www.fsbpt.

> <http://www.fsbpt. <http://www.fsbpt.org/RegulatoryTools/ReferenceGuide/>

org/RegulatoryTools/ReferenceGuide/>

> org/RegulatoryTools/ReferenceGuide/

> > >

> > org/RegulatoryTools/ReferenceGuide/ " http://www.fsbpt.

> > <http://www.fsbpt. <http://www.fsbpt. <http://www.fsbpt.-org/> -org/>

-org/> -org/

> > RegulatoryTo-ols/ReferenceGui-de/

> >

> > Don Walsh, PT, MS, OCS

> > Gainesville GA

> >

> >

> > >

> > > Why does the Florida practice act appear to allow us

> > > to delegate portions of treatment to aides and bill

> > > for it? This is the " excemptions " section, please not

> > > excemption (3). If an employer references this and

> > > argues that an athletic trainer, or even a PT aide can

> > > be trained by a PT to assist in the clinic for

> > > non-medicare patients, how does a PT manager or PT

> > > counter this point?

> > >

> > > 486.161 Exemptions.---

> > >

> > > (1) No provision of this chapter shall be construed

> > > to prohibit any person licensed in this state from

> > > using any physical agent as a part of, or incidental

> > > to, the lawful practice of her or his profession under

> > > the statutes applicable to the profession of

> > > chiropractic physician, podiatric physician, doctor of

> > > medicine, massage therapist, nurse, osteopathic

> > > physician or surgeon, occupational therapist, or

> > > naturopath.

> > >

> > > (2) No provision of this chapter shall be construed

> > > to prohibit:

> > >

> > > (a) Any student who is enrolled in a school or course

> > > of physical therapy approved by the board from

> > > performing such acts of physical therapy as are

> > > incidental to her or his course of study; or

> > >

> > > (B) Any physical therapist from another state from

> > > performing physical therapy incidental to a course of

> > > study when taking or giving a postgraduate course or

> > > other course of study in this state, provided such

> > > physical therapist is licensed in another jurisdiction

> > > or holds an appointment on the faculty of a school

> > > approved for training physical therapists or physical

> > > therapist assistants.

> > >

> > > (3) No provision of this chapter prohibits a licensed

> > > physical therapist from delegating, to a person

> > > qualified by training, experience, or education,

> > > specific patient care activities, as defined and

> > > limited by board rule, to assist the licensed physical

> > > therapist in performing duties in compliance with the

> > > standards of the practice of physical therapy.

> > > Specific patient care activities, as defined and

> > > limited by board rule, must be performed under the

> > > direct supervision of the licensed physical therapist

> > > or physical therapist assistant in the immediate area,

> > > if the person is not a licensed physical therapist

> > > assistant.

> > >

> > >

> > >

> > >

> > >

> > ____________-_________-_________-_________-_________-_________-_

> > ____________-___

> > > Be a better friend, newshound, and

> > > know-it-all with Yahoo! Mobile. Try it now.

> > HYPERLINK

> > " http://mobile. <http://mobile.

> <http://mobile.

<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

> > >

> > yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ " http://mobile.

> > <http://mobile. <http://mobile. <http://mobile.-y> -y> -y> -y

> > ahoo.com/-;_ylt=Ahu06i62sR-8HDtDypao8Wcj9tA-cJ

> > >

> >

> > ---------------------------------------

> >

> > In ALL messages to PTManager you must identify yourself, your

> > discipline

> > and your location or else your message will not be approved to

> send to

> > the full group.

> >

> > PTManager encourages participation in your professional association.

> > Join APTA, AOTA or ASHA and participate now!

> >

> > Visit the NEW and IMPROVED www.InHomeRehab.-com.

> >

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Guest guest

Dean,

With techs and US and ES I'm not a huge fun of that idea simply due to the

implications of client injury (ES-mainly).  Do we have techs-yes and have they

done the above at busy times-yes.  We have thoroughly train techs on this so

they have a firm ability (in cause it is needed).  As far as ancillary help

we're having our techs trained as personal trainers so they can help out as

needed.  Now we can't bill for PT services for a personal trainers help in the

service and we don't, but the patients are comfortable and the PT's know that a

tech can help as needed and when needed. 

As mentioned in may last post, we are the (in my opinion) the primary care

provider for Musculoskeletal conditions and we will have to incorporate

ancillary services to contribute to our PT services.  By all means this

doesn't mean that the PT services should be done by a non PT.  I'll give you

an example.  Lets say you treat a patient for 30min, 15-20 manual and some

ther-ex presciption.  Then call it a session and " sale " them on going over to

your wellness program and seeing a personal trainer or personnal that follows

your prescription and adds a service (cash) that the patient may want (watching

them do the exercise -personal trainer).  It isn't a PT service, but we

are heading it up and doing it correctly.  Yes, we are the best ones to do it

all and we can.  Again, a qualified personal trainer, under your educational

model can help you as a ancillary service and love the fact that he is learning

and getting that education and you are providing the client 2 services that

are valued by them.  One may be cash based and the other insurance-but it is

diversified.  That's an example and it can go in many directions.  What

we are going to do in our office is certify the techs- and train them

ourselves so they can become good service providers under their own scope.  As

we know any personal trainer that has a PT background can have a nice effect

on client service and the personal trainer would cherish the opportunity.  It

can be done with massagee, weight loss.....the list goes on 

Vinod Somareddy, DPT 

RE: Re: So we can use techs

> > or aides to

> > perform

> > > > part of

> > > > our treatment? (Not medicare)

> > > >

> > > > It's feather ruffling time...You know guys, I

> > completely agree

> > with

> > > > the

> > > > comments made on this posting with regards to

> > delegation

> === message truncated ===

>

> __________________________________________________________

> Be a better friend, newshound, and

> know-it-all with Yahoo! Mobile. Try it now.

http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

>

>

>

>

>

>

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Guest guest

Dean,

As for delegating and use of techs, many of those

posting quote the AMA's CPT manual regarding the one

on one time requirements. So how can we delegate

anything billable besides modalities to aides/techs.

The AMA manual specifically states therapeutic

procedures require one on one contact by the physician

or therapist. So how can an aide assist with ther

ex's? Or even manual which I've heard some PT's

delegating.

Bisesi MPT COMT

Winter Haven, Fl.

--- deanpt1 wrote:

> Larry, , and Vinod,

>

> Out of curiousity-- what are your feelings about

> delegating US and E-

> stim to aides/techs that have been " trained " ?

>

> Though these are procedures that would not usually

> be supervised " in

> line of sight " , I have seen some facilities utilize

> techs this way.

>

> Through these posts, there have been many great

> arguments supporting

> contrasting opinions on the use of therapist

> extenders.

>

> I would like to address something I have not seen

> brought up. As the

> demographics in this country change where PT/OT/ST

> services will be

> in increasingly greater demand, how are we as a

> profession going to

> meet that need? There already appears to be a

> shortage. Will we be

> able to graduate enough licensed therapists and

> therapist assistants

> to meet the need? If we don't come up with a

> solution ourselves,

> OTHERS will find/impose ways to meet those needs (be

> that the

> government or other organizations). Judicious use of

> techs may be one

> solution we can come up with.

>

> But, should this even matter? Are we risking

> watering down the

> quality of care we provide and/or compromising the

> safety of our

> patients? Are we putting ourselves on a slippery

> slope where

> corporate entities and /or payors can use this to

> justify the use of

> unlicensed but " certified " techs versus licensed

> professionals?

>

> All are tough issues, but we need to face them.

>

> Dean, PT

>

>

> >

> > Rick:

> >

> >

> >

> > Perhaps the reason that Medicare (or federally

> funded payors) is

> frequently mentioned is that they have superimposed

> rules that most

> payors don't follow or simply don't use. These rules

> include " 8

> minute " , type of supervision, explicit description

> of who are

> providers (where PT and PTA are equals-isn't that a

> hoot), use of

> student PT's etc.

> >

> >

> >

> > There appears to be a certain faction of this

> listserve that

> believe that any use of aids under any circumstances

> is grounds for

> penitentiary. Others appear to take a practice act

> approach which

> allows for support personnel under supervision.

> Unfortunately, there

> are many that drive 80 miles with the support

> personnel on non

> medicare patients. Personally, I think driving 60

> miles an hour and

> allowing a PT who understands the practice act and

> medicare's

> superimposed rules to make appropriate decisions for

> delegation makes

> the most sense for a profession that is supporting

> an autonomous

> provider of choice.

> >

> >

> >

> >

> >

> > __________________________________________

> >

> > Larry

> >

> >

> >

> > Larry Benz

> >

> > PT Development LLC

> >

> > 13000 Equity Place Suite 105

> >

> > Louisville, KY 40223

> >

> >

> >

> > larry@... (best way to reach)

> >

> > mobile (Spinvox converts voice to

> email)

> >

> > office

> >

> > (Fax: only if you must)

> >

> > LarryBenz MyPhysicalTherapySpace.com ID

> >

> >

> >

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> > From: PTManager

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> > Sent: Sunday, May 04, 2008 8:39 AM

> > To: PTManager

> > Subject: Re: Re: So we can use techs

> or aides to

> perform part of our treatment? (Not medicare)

> >

> >

> >

> > Here is my question to the group. Why do we keep

> > stating Medicare? It is not just Medicare. The

> > definition of skilled therapy and reasonable and

> > necessary is the same for all payers, not just

> > Medicare. Therapists, assistants, and/or aides

> > counting SLR's, watching a patient pedal on a bike

> or

> > walk on a treadmill, or watching a patient warm up

> on

> > the UBE or shoulder pulleys is non-skilled therapy

>

=== message truncated ===

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Guest guest

,

I got your point on the perception of the patient.  We should never trick them

into a wrong idea of what you do.  That's why you have options for them, PT,

personal trainer, massage etc...as part of your office and offer the service to

the client- separately.  They should be told who and what person they are going

to see, educated as the difference and specifics of the service and then allowed

then to make a decision on the case.  Some patients are happy either way and

some are completely against the ancillary help secondary to their knowledge on

the service and experience.  My point is that we should head all this up since

we are the most knowledge about the musculoskeletal body.  This also requires a

bit a, I'll say it softly, sales approach.  If you feel the service is of value

and you then offer it in your office then the patient should be made completely

aware and then chose.  They may only chose PT (many times because the MD told

them to and not on their own accord) because they really don't know the

difference.  But we can show them the difference and assure that they make the

correct choice.  Some of the most prominent fitness companies (Equinox etc.)

offer this service and the patients are fully in the know how of who and what

they are paying for.  I'm positively sure that equinox is not owned by a PT.

 

Best,

Vinod

Re: So we can use techs or aides to perform part of our

treatment? (Not Medicare)

The other thing that seems to be missing from this conversation is

any concern for the wants and needs of the PATIENT. The patient

comes to us to be evaluated and treated by a Physical Therapist.

They are paying cash towards their deductible and or large co-pays

to see a Physical Therapist, they are using a portion of their PT

cap to see a Physical Therapist, there perception is that whomever

is treating them should be and will be a liscensed Physical

Therapist, they have heard all of the wonderful things happening in

the world of Physical Therapy, that the local university is now

offering the first docotorate in the school's history in PHYSICAL

THERAPY. They take time out of there busy day to come see a

Physical Therapist with high hopes that he or she might return them

to their pre-injury state and teach them how to prevent further

injury in the future, they do all of this and halfway through their

first visit you introduce them to Joe and say nice to have met you,

this is Joe, he is our " exercise specialist " , I've told him what I

want you to do, I'll check on you later. Would you stand for this?

Would you pay 50 bucks per visit to see Joe? Not me. Maybe this is

why we are losing patients to the personal trainers, massage

therapists and chiropractors, they are just as good as Joe but they

are not just as good as you, let your patients have you, the

Physical Therapist they are paying for!

E. s, PT, DPT

Orthopedic Clinical Specialist

Fellow American Academy Orthopedic Manual Physical Therapists

www.douglasspt.com

> > > >

> > > > Why does the Florida practice act appear to allow us

> > > > to delegate portions of treatment to aides and bill

> > > > for it? This is the " excemptions " section, please not

> > > > excemption (3). If an employer references this and

> > > > argues that an athletic trainer, or even a PT aide can

> > > > be trained by a PT to assist in the clinic for

> > > > non-medicare patients, how does a PT manager or PT

> > > > counter this point?

> > > >

> > > > 486.161 Exemptions.---

> > > >

> > > > (1) No provision of this chapter shall be construed

> > > > to prohibit any person licensed in this state from

> > > > using any physical agent as a part of, or incidental

> > > > to, the lawful practice of her or his profession under

> > > > the statutes applicable to the profession of

> > > > chiropractic physician, podiatric physician, doctor of

> > > > medicine, massage therapist, nurse, osteopathic

> > > > physician or surgeon, occupational therapist, or

> > > > naturopath.

> > > >

> > > > (2) No provision of this chapter shall be construed

> > > > to prohibit:

> > > >

> > > > (a) Any student who is enrolled in a school or course

> > > > of physical therapy approved by the board from

> > > > performing such acts of physical therapy as are

> > > > incidental to her or his course of study; or

> > > >

> > > > (B) Any physical therapist from another state from

> > > > performing physical therapy incidental to a course of

> > > > study when taking or giving a postgraduate course or

> > > > other course of study in this state, provided such

> > > > physical therapist is licensed in another jurisdiction

> > > > or holds an appointment on the faculty of a school

> > > > approved for training physical therapists or physical

> > > > therapist assistants.

> > > >

> > > > (3) No provision of this chapter prohibits a licensed

> > > > physical therapist from delegating, to a person

> > > > qualified by training, experience, or education,

> > > > specific patient care activities, as defined and

> > > > limited by board rule, to assist the licensed physical

> > > > therapist in performing duties in compliance with the

> > > > standards of the practice of physical therapy.

> > > > Specific patient care activities, as defined and

> > > > limited by board rule, must be performed under the

> > > > direct supervision of the licensed physical therapist

> > > > or physical therapist assistant in the immediate area,

> > > > if the person is not a licensed physical therapist

> > > > assistant.

> > > >

> > > >

> > > >

> > > >

> > > >

> > > ____________-_________-_________-_________-_________-_________-

_

> > > ____________-___

> > > > Be a better friend, newshound, and

> > > > know-it-all with Yahoo! Mobile. Try it now.

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> > > In ALL messages to PTManager you must identify yourself, your

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Guest guest

,

I hear you on the viewpoint of a manual therapist and I've also heard of some

horrible personal training incidences.  I can't say that I'd hire a personal

trainer (off the street) that I haven't know and one that isn't fully into PT or

doesn't have a desire to go to PT school.  My point is only to open the minds

of PT and make them realize that we can do all of this better than a corporate

chain, chiro or a gym.  That expansive notion is not to lessen PT, but to be

a circumvent for some of the current day nonsense that we see out there.  I

also realize that their are hundreds of personal trainers and gym that people

interact with on a daily basis and a majority of them probably receive limited

info on training/physical body.  Imagine if a PT was in that area as a measure

of quality.  He'd spend his whole day correcting and educating.  I hate to

say it, but that maybe what the corporate world will hire next....a non clinical

PT that corrects and educates the clinical staff at the gym (markets it to

their clients).  That would really break my heart.

Vinod       

RE: Re: So we can use techs

> > > or aides to

> > > perform

> > > > > part of

> > > > > our treatment? (Not medicare)

> > > > >

> > > > > It's feather ruffling time...You know guys, I

> > > completely agree

> > > with

> > > > > the

> > > > > comments made on this posting with regards to

> > > delegation

> > === message truncated ===

> >

> > __________________________________________________________

> > Be a better friend, newshound, and

> > know-it-all with Yahoo! Mobile. Try it now.

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> <http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

> >

> >

> >

> >

> >

> >

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Guest guest

,

I could not agree more. No one in my clinic provides

therapeutic procedures except PT's and PTA's. My aide

only sets up for modalities and breaks down. My

athletic trainer does no treatment in the clinic. He

is in charge of cash based Wellness and does follow up

return to sport training sessions with athletes who

have finished PT. Why would a patient want to see an

aide? They wouldn't. They likely assume the aide is a

PT also. And that's our fault as a field. If our field

was better marketing to the public, patients would

express discontent if they were pushed off to an aide

because they would expect a PT and know what we are.

This also fosters hypocracy on our part. If we can use

non-licensed personnel to bill therapeutic procedures,

then we can't complain about chiro's using assistants

or MD's using assistants and billing therapeutic

procedures. As for those who posted previously, " an

aide can't stand by a patient and guide them through

SLR's...etc " and remark " that doesn't require our

skills. " Well it shouldn't be billed then. We setting

ourselves up to get further restricted by insurances

with billable services. I don't know where most have

the time to delegate to aides, I'm too busy with my

hands on patients.

Bisesi MPT COMT

Winter Haven, FL.

--- s wrote:

>

> The other thing that seems to be missing from this

> conversation is

> any concern for the wants and needs of the PATIENT.

> The patient

> comes to us to be evaluated and treated by a

> Physical Therapist.

> They are paying cash towards their deductible and or

> large co-pays

> to see a Physical Therapist, they are using a

> portion of their PT

> cap to see a Physical Therapist, there perception is

> that whomever

> is treating them should be and will be a liscensed

> Physical

> Therapist, they have heard all of the wonderful

> things happening in

> the world of Physical Therapy, that the local

> university is now

> offering the first docotorate in the school's

> history in PHYSICAL

> THERAPY. They take time out of there busy day to

> come see a

> Physical Therapist with high hopes that he or she

> might return them

> to their pre-injury state and teach them how to

> prevent further

> injury in the future, they do all of this and

> halfway through their

> first visit you introduce them to Joe and say nice

> to have met you,

> this is Joe, he is our " exercise specialist " , I've

> told him what I

> want you to do, I'll check on you later. Would you

> stand for this?

> Would you pay 50 bucks per visit to see Joe? Not

> me. Maybe this is

> why we are losing patients to the personal trainers,

> massage

> therapists and chiropractors, they are just as good

> as Joe but they

> are not just as good as you, let your patients have

> you, the

> Physical Therapist they are paying for!

>

> E. s, PT, DPT

> Orthopedic Clinical Specialist

> Fellow American Academy Orthopedic Manual Physical

> Therapists

> www.douglasspt.com

>

>

>

> >

> > Legality and ethics aside since they seem to have

> been covered in

> depth,

> > liability is a huge one for not using Aids, I

> believe 50% of all

> lawsuits

> > brought against PT's are related to thermal

> agents, US, heat, ES,

> seems to

> > me you would be greatly increasing your risk by

> using an Aid if an

> adverse

> > reaction should occur.

> >

> >

> >

> > Joe Ruzich, PT

> >

> >

> >

> > _____

> >

> > From: PTManager

> [mailto:PTManager ]

> On Behalf

> > Of Larry Benz

> > Sent: Monday, May 05, 2008 10:17 AM

> > To: PTManager

> > Subject: RE: Re: So we can use techs

> or aides to

> perform part of

> > our treatment? (Not medicare)

> >

> >

> >

> > :

> >

> > You have succinctly and brilliantly lined out the

> reality of our

> quest to

> > infringe upon our profession and state practice

> acts.

> >

> > I would further add that there is a sort of

> arrogance

> of " protection " on the

> > side of those in our profession that want to

> legislate ethics and

> promote

> > that PT's aren't smart enough to supervise a tech

> to put a hot

> pack on

> > somebody (for which we don't get paid for) and it

> can only be done

> by a PT

> > or PTA one on one. We are quickly approaching a

> point where

> personal

> > trainers have more power and reimbursement than we

> do.

> >

> > Lastly, it also impugns the entire military and VA

> health care

> system which

> > uses extenders (who are at lower cost) under

> supervision. In fact,

> there

> > have been studies (and a great book) that tout

> they have the best

> medical

> > system in the world which combines quality and

> cost effectiveness.

> >

> > Thanks again for your timely post.

> >

> > __________________________________________

> >

> > Larry

> >

> > Larry Benz

> >

> > 13000 Equity Place Suite 105

> >

> > Louisville, KY 40223

> >

> > larry@physicalthera

> <mailto:larry%40physicaltherapist.com> pist.com

> > <mailto:larry@physicalthera

> <mailto:larry%40physicaltherapist.com>

> pist.com>

> > (best way to reach)

> >

> > office

> >

> > mobile (Spinvox converts your voice

> mail to email)

> >

> > fax (only if you must)

> >

> > LarryBenz MyPhysicalTherapySpace.com ID

> >

> > This message, including any attachments, contains

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Guest guest

I think I am having the same problem as you. It greatly concerns me when

people think " situationally " to determine how to rationalize something such as

this. The profession is the profession and if we, based on some personal

rationale skate around what they should be doing themselves, how can we justify

that to third parties when we wnat them to pay us professional level fees?

Let's stop shooting ourselves in the foot!

Jim Dunleavy PT, MS

Director, Rehabilitation Services

Trinitas Hospital

, NJ 07207

RE: Re: So we can use techs

> > or aides to

> > perform

> > > > part of

> > > > our treatment? (Not medicare)

> > > >

> > > > It's feather ruffling time...You know guys, I

> > completely agree

> > with

> > > > the

> > > > comments made on this posting with regards to

> > delegation

> === message truncated ===

>

> __________________________________________________________

> Be a better friend, newshound, and

> know-it-all with Yahoo! Mobile. Try it now.

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<http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

>

>

>

>

>

>

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