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MOTA Statement on Referrals for Occupational Therapy

The Missouri Occupational Therapy Association wants to advise its members and other stakeholders of the state law and regulations regarding referrals for occupational therapy services. The Missouri Occupational Therapy Practice Act and related administrative regulations do not include provisions that require a referral or order before a client may seek occupational therapy services. As a result, our view is that public has direct access to occupational therapy services, provided an insurer does not have their own referral requirements. This also means that consumers that wish to pay out of pocket for occupational therapy services do not need a referral.

The practice act and regulations do not address payment for services, but rather establish practice standards that licensees must follow to maintain their license. An insurer, therefore, may develop and enforce its own referral policy. To implement a referral requirement in the practice act would require passage of a law by the state legislature.

Occupational therapy practitioners, their clients, and the public are encouraged to review their insurer’s referral policy to ensure compliance.

Current Legislative Updates

Stay informed about the latest legislative changes. This section provides updates on key bills at the state and national levels, offering insight into how they may affect Diversity, Equity, and Inclusion (DEI) efforts, as well as the rights of individuals with disabilities. We'll also provide resources and ways you can get involved to advocate for policies that promote accessibility, fairness, and opportunity for all.

Section 504 of the Rehabilitation Act: Ensuring Disability Protections

Section 504 of the Rehabilitation Act plays a critical role in protecting individuals with disabilities from discrimination by organizations that receive federal funding, such as schools and healthcare providers. Recent developments have brought this essential protection into the spotlight:

Key Update:
- The Texas v. Becerra lawsuit is currently "paused," not dismissed. While some governors have expressed support for Section 504, no formal amendments have been enacted, leaving these critical protections in a state of uncertainty.

Legal Update:
- The ongoing court case regarding the 2024 Section 504 rule updates continues to progress. If successful, these updates will strengthen protections for people with disabilities.
- However, 17 states, including Missouri, have filed a lawsuit attempting to overturn these updates. If this effort succeeds, it could dismantle key protections, negatively impacting healthcare and education accessibility.
What’s at Stake:
- A ruling against Section 504 would strip away accessibility and accommodations, such as sign language interpreters, accessible websites, and wheelchair-friendly facilities, in federally funded institutions.
Get Involved:
- Submit an amicus brief to support Section 504 by the court's deadline.
- You can request your state Attorney General to withdraw from a case through a meeting, written request, or phone call. This can be done individually or as part of a group. Consider connecting with local disability organizations to form a group.
- Access a TEMPLATE letter for you to write to the State Attorney General outlining your concerns with his involvement in suing to overturn access to Section 504.
- Access a TEMPLATE communication and letter to provide to your parents of your clients for them to contact the State Attorney General to voice their concerns with his action to overturn access to Section 504.

Preview of Template Letter to the State Attorney General

Check out this valuable resource from the Disability Rights Education and Defense Fund (DREDF), which offers additional information, a step-by-step guide on how to contact your state Attorney General, a sample letter, and other helpful resources.

Missouri Legislative Updates

This section is dedicated to providing you with the latest updates on key legislative developments in Missouri that could impact education, healthcare, and inclusion. It is critical for us to stay informed and engaged in these conversations, especially when legislation may affect the future of DEI initiatives, healthcare education, and access to educational opportunities.

HB 1024: Preventing State Funds for DEI Programs in Education

Overview:
- HB 1024 seeks to prohibit the use of state funds for Diversity, Equity, and Inclusion (DEI) programs in public schools and postsecondary institutions. Educational institutions that use state funds for DEI initiatives would face financial penalties.
Potential Impact:
- This bill could significantly restrict DEI efforts in Missouri’s educational institutions, which could impact programs that align with Accreditation Council for Occupational Therapy Education (ACOTE) standards for healthcare training.
- It would limit inclusive educational programs designed to train healthcare professionals to serve diverse populations.
What You Can Do:
- Advocate against HB 1024 by contacting your Missouri legislators to express concerns about how this bill could harm inclusive education and healthcare training.

HB 742: Restricting State Expenditures on DEI Programs

Overview:
- HB 742 restricts the use of state funds for DEI-related programs in state departments and educational institutions. The bill seeks to prevent the funding of programs that promote preferential treatment based on race, sex, gender, or other factors.
Potential Impact:
- This bill could limit funding for DEI staff and initiatives within Missouri’s public institutions, including healthcare training programs.
- It could potentially impact occupational therapy and other healthcare programs that rely on DEI components to meet national standards, such as those established by ACOTE.
What You Can Do:
- Take action by contacting your representatives to express how this bill could negatively affect healthcare education and diversity initiatives.

HB 711: Open Enrollment for Children in Public Schools

Overview:
- HB 711 establishes a Public School Open Enrollment Act that allows students to transfer to nonresident school districts under specific conditions.
Key Provisions:
- Non-discrimination protections: The bill prohibits discrimination in transfer decisions based on academic performance, disability, or other characteristics.
- Special education services: Students with special needs are to receive comparable services in their new district, but the bill does not require receiving districts to continue the Individualized Education Plans (IEPs) from the previous district.
- Transportation: A Parent Public School Choice Fund is established to assist low-income families or families with children who have special needs with transportation costs to the new school district.
What You Can Do:
- Contact legislators to express concerns or support regarding how HB 711 will impact access to education for students with disabilities and special education needs.

What’s at Stake for Healthcare Education

All three bills—HB 1024, HB 742, and HB 711—pose important challenges to educational access and inclusion. HB 1024 and HB 742 threaten DEI initiatives, particularly in healthcare education, which is necessary for training culturally competent professionals. HB 711, while focused on public school enrollment, could also impact students with disabilities by limiting access to appropriate services or support.

These bills, if passed, could:

Disrupt the inclusive training of healthcare professionals, particularly those in occupational therapy and other allied health programs that adhere to DEI standards.
Restrict access to education for students with disabilities or special needs, both through the potential reduction of services and the challenge of transferring schools without continuity of services.
Limit opportunities for equitable education by placing restrictions on the ability of families to choose schools that align with their educational needs.