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Legislative and Regulatory Issues in Therapeutic Recreation Legislative and Regulatory Issues in Therapeutic Recreation

Legislative and Regulatory Issues in Therapeutic Recreation - PowerPoint Presentation

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Legislative and Regulatory Issues in Therapeutic Recreation - PPT Presentation

Chapter 20 HPR 453 Houle 1980 included legal support as a distinct characteristic of a profession Skalko 1998 contends that the TR profession must work to influence public policy and healthcare regulation ID: 556514

legislative recreation rehabilitation act recreation legislative act rehabilitation education disabilities atra law rehab programs services ntrs public efforts funding

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Slide1

Legislative and Regulatory Issues in Therapeutic Recreation

Chapter 20

HPR 453Slide2

Houle

(1980) included legal support as a distinct characteristic of a profession

Skalko

(1998) contends that the TR profession must work to influence public policy and healthcare regulation

Compton (1997) stated that if TR was to survive it must become more politically astuteSlide3

40 Year History

1966 – Creation of NRPA and NTRS

Early legislative effort reflected society’s to advance the condition of all persons

1970 – Legislative advocacy declared to be a priority for NTRS

1973 – Rehabilitation Act of 1973 – considered to be the “civil rights law for disabled persons” – contained references to recreation being an integral part of comprehensive rehabilitation Slide4

1975 –

Sen

Ted Kennedy

Education for all Handicapped Children Act

strongly supported by recreation and Phys Ed professionals

NTRS’ legislative efforts managed by a legislative committee and volunteer support

1984 – ATRA formed and public policy coordinated by Team appointed by the Pres

1993 – ATRA hires legislative counsel in DCSlide5

TR continues to depend heavily on Grassroots support

Consistent targets for TR legislative action have been

R

ehabilitation,

Education

N

ursing

H

ome

R

eformSlide6

Rehabilitation

Used to be viewed as vocational preparation and training

Rehabilitation Act of 1973

introduced “comprehensive rehabilitation”

Fullest possible participation in life, including living independently in the community

Congress then more receptive to considering the role of recreation in rehabilitation and independent livingSlide7

NTRS testimony influenced the US Senate to amend the law in 1978 to include “special recreation demonstration projects”

Intended to increase mobility and socialization of disabled persons through activities such as camping, sports and the arts

Amended again due to personal testimony

Extended and expanded the role of recreation in independent living and community integrationSlide8

TR personnel recognized as

bonafide

rehab personnel eligible for rehab training monies

Congress recognized TR as a means to reach desirable goals in the overall rehab processSlide9

Education

1975

- Education for All Handicapped Children Act

Mandated a free and appropriate education for all children with disabilities in a least restricted environment

Crafted so recreation would appear as a content area “related” to special education

If a child’s

eval

indicated a need their IEP would include assessment of leisure functioning, TR, Leisure Ed, or

rec

programs in the school or the community

Recreation was rarely found to be included in the IEP but recommended for after school programsSlide10

In 1991 the law was

retitled

to

Individuals with Disabilities Education Act

(IDEA) with the intent of TR transitioning a child from school into adult life (full inclusion)

TR still not fully utilized in schools but progress is being madeSlide11

Long-Term Care

OBRA regulations weakened nursing home requirements for activities and the staff who provided them

TR lobbying efforts eventually earned TR important recognition and respect

MDS 2.0 (1998) contained Section T to distinguish Recreation Therapy from Activity (

diversional

) services

MDS 3.0 – RT in Section along with other rehab

svcs

Slide12

Accessibility

Americans with Disabilities Act (1990) is one of the most significant pieces of legislation to impact access to recreation activities for people with disabilities

No specific provisions for TR but prohibits disability discrimination in employment,

govt

services, public accommodations, telecommunications, and certain other services, like insuranceSlide13

Legislative Process

3 fundamental processes related to introducing, passing and implementing law

Authorization

Appropriation

RegulationSlide14

Authorization

Law under which a program is established or continued (reauthorization) for a stated number of years (perhaps 5)

Specifies the aim and conduct and ceiling on the monies

Extensive lobbying by TR when laws such as Rehabilitation Act or IDEA have been up for reauthorization

Oral and written comments to change

statuatory

language (success and lack of on pg 330)Slide15

Appropriation

Means by which authorized programs are funded by Congress for that year

Funding may not include funding amounts in Authorization

Originates in House and followed by one in the Senate

When different compromised and taken back to the House

TR lobbying for special recreation funding has been successful due to providing for people with disabilitiesSlide16

Regulation

Organization, rules and procedures to distribute funds and monitor conduct of programs

Proposed regulatory changes are announced in

Federal Register

and public is invited to comment

In 1991 NIDRR was successful in securing funding for research projects such as

Benefits of Therapeutic Recreation: A Consensus View Slide17

ATRA Medicare Project

Regulatory language implies that RT is a covered service in skilled nursing, IP Rehab and IP Psych facilities

Beneficiaries often denied services due to inaccurate interpretations of fiscal intermediaries

H.R. 4248

Ensuring Medicare Access to Recreational Therapy Act of 2007

Bottom line - Requires

resources ($) and coordinated Grassroots efforts Slide18

Essentials for Legislative and Regulatory Action

Building and

M

aintaining Coalitions – Strength in numbers – consumers, providers, advocacy groups

Kennedy Foundation

President’s Committee on Employment of the Handicapped

National Easter Seals Society

National Rehabilitation Caucus

Coalition for Citizens with Disabilities

National Coalition for Nursing Home Reform

Alliance for Disability Sport and RecreationSlide19

1986 – NTRS, ATRA, the NCPERH formed the Legislative Coalition for Therapeutic Recreation

Unified Voice for lobbying efforts

Disbanded when ATRA hired

legislative counsel