PolicyBrief
H.R. 4037
119th CongressJun 17th 2025
Occupational Therapy Mental Health Parity Act.
IN COMMITTEE

This act clarifies Medicare coverage and payment rules for occupational therapy services when used to treat mental health or substance use disorders.

Timothy Kennedy
D

Timothy Kennedy

Representative

NY-26

LEGISLATION

New Act Clarifies Medicare Coverage for Occupational Therapy in Mental Health and Substance Use Treatment

The newly introduced Occupational Therapy Mental Health Parity Act doesn't change what Medicare covers, but it aims to clear up a major headache for providers and patients alike: getting paid for mental health services. This bill focuses squarely on occupational therapy (OT) when it’s used to treat mental health or substance use disorders.

The Paperwork Problem

Right now, if you’re a Medicare patient receiving OT for a physical injury, the billing process is relatively straightforward. But when that same therapy is used for, say, helping someone recovering from a substance use disorder regain life skills, the payment rules can get murky. This ambiguity often leads to delayed payments, outright denials, or providers simply deciding not to offer the service because the administrative burden isn't worth it. The Act attempts to fix this by mandating that the Secretary of Health and Human Services (HHS) spend the next year educating providers and other stakeholders about the existing rules in the Medicare Benefit Policy Manual.

Making Sure the Codes Click

This isn't just about general awareness; it’s about making sure the right paperwork is filed. The HHS outreach must specifically clarify when OT services for mental health or substance use diagnoses are covered and reimbursed, provided providers use the correct Healthcare Common Procedure Coding System (HCPCS) codes. Think of it like this: if you’re a therapist, you need to know exactly which three-digit code signals to Medicare that the session was for mental health recovery, not just physical rehabilitation, so you get paid the right amount. For a Medicare recipient, this means the difference between having access to a critical recovery tool and being told the service isn't covered.

Why This Matters for Everyday Life

Occupational therapy plays a huge role in mental health recovery—it’s not just about physical movement. It helps people rebuild the practical skills needed to live independently, whether that’s managing a budget, getting back into a work routine, or handling daily stress. By clarifying the billing rules, this Act removes a significant financial barrier. For providers, it offers certainty that they’ll be reimbursed, encouraging more clinics to offer these services. For a Medicare beneficiary, especially one dealing with the complexity of a substance use disorder, this administrative fix translates directly into better access to the tools they need to get back on their feet and stay there. It’s a quiet but essential step toward ensuring that mental health parity—the idea that mental health care should be treated the same as physical health care—actually functions in the Medicare system.