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Smucker Introduces Medicare Patient Choice Act

June 30, 2025

WASHINGTON--Reps. Lloyd Smucker (PA-11) and Don Davis (NC-01) have introduced the Medicare Patient Choice Act. The legislation evens the playing field for health care providers by correcting a technicality of the Balanced Budget Act of 1997 which allowed only certain specified health care providers to opt out of the Medicare program. Physical and occupational therapists, speech language pathologists, audiologists, and chiropractors were excluded from the flexibility to opt out. 

Currently, thousands of providers operate cash-based practices that focus on prevention, wellness, and individualized care—services often outside Medicare’s traditional reimbursement model. When patients at these practices turn 65, those relationships are disrupted. Providers are forced to turn away their patients for covered services, even if the patient is willing and able to pay out-of-pocket. 

“Patients should be in control of their health care, not bureaucrats in Washington. The Medicare Patient Choice Act promotes fair treatment for all types of health care providers. This bill gives flexibility for providers to run their practices as they choose and will ensure patients can continue to access the care of their choice when they enroll in Medicare,” said Rep. Lloyd Smucker (PA-11). 

“Patients and their families, especially in our rural communities, deserve the freedom to choose their healthcare provider, regardless of what services they need,” said Congressman Don Davis. “By creating a level playing field for all medical providers, we will reduce wait times and ensure everyone can make the decisions that are best suited for them.”

Reps. Smucker and Davis’ legislation enjoys broad support among local and national stakeholders. 

“I am excited for Representative Smucker's willingness to help seniors have access to physical therapy services via the Medicare Patient Choice Act. It should always be a patient's choice where they receive their physical therapy and this will allow them to stay with a trusted provider regardless of their Medicare enrollment,” said Brian Hartz, President and CEO of HARTZ Physical Therapy in Lititz, PA. 

“At the heart of this legislation is a simple but powerful principle, patients’ freedom to choose who provides their care.  Seniors shouldn’t lose access to the therapist they trust just because they’ve enrolled in Medicare. This bill ensures that continuity of care and patient preference remain central to our healthcare system” says APTA Private Practice President Mike Horsfield. 

“Medicare patients deserve a choice when it comes to how they receive physical therapy services, and physical therapists need the flexibility to meet the needs of the patients they serve,” said APTA President Kyle Covington, PT, DPT, PhD. “APTA is grateful to Rep. Smucker for his leadership in sponsoring the Medicare Choice Act, which will provide delivery of care options both for patients and PTs.”

“The American Chiropractic Association believes that all Medicare providers should be able to perform to the fullest extent of their licensure and education and that beneficiaries should have the right to choose their service provider in a system that is fair and balanced across the board.”

AMAC Action is proud to support the Medicare Patient Choice Act. By allowing physical therapists, occupational therapists, speech-language pathologists, audiologists, and chiropractors to legally opt out of Medicare while still treating beneficiaries on a private-pay basis, this bill empowers seniors to maintain long-standing relationships with the providers they trust. For too long, outdated regulations have forced seniors to abandon those relationships or navigate an inflexible system. This legislation fixes that by offering more choice, more flexibility, and more respect for seniors' right to direct their own care.”

“The American Occupational Therapy Association welcomes the introduction of the Medicare Patient Choice Act. This legislation takes a significant step forward in strengthening autonomy for beneficiaries, occupational therapy practitioners (OTP), and other key healthcare professionals. By modernizing the outdated Medicare policy that currently does not allow OTPs, physical therapists, speech-language pathologists, audiologists, and chiropractors to opt-out of Medicare, this bill supports more flexible, innovative care models that better reflect the evolving needs of Medicare beneficiaries” says Katie Jordan, Chief Executive Officer of the American Occupational Therapy Association

“The Academy of Doctors of Audiology (ADA) commends Representative Smucker for his leadership in advancing the Medicare Patient Choice Act,” said Stephanie Czuhajewski, MPH, CAE, ADA’s executive director. “We urge Congress to pass this important legislation to deliver greater choice and flexibility for Medicare beneficiaries, to support the delivery of high-quality, patient-centered care, and to create a cost savings for the Medicare system.”

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Issues:Health Care