I have been getting many questions about current rules for LCSWs practicing telemental health in states where they are not licensed. This used to be much simpler than it is now; pre-COVID most states did not allow an LCSW who was not licensed in the same state as the patient to practice there. These rules were determined by state Boards and there is no national policy at this time. There are some bills in Congress that would supersede state laws and rules, if they passed, about the ability to practice across state lines.
Since the pandemic began in earnest last March there have been many changes to state rules. If you wish to practice across state lines, I recommend consulting the following up-to-date guide about this topic which has been developed by the University of Pennsylvania and University of Texas which covers all mental health disciplines: https://utexas.app.box.com/s/r797qp7woupga5x65yob0ki2u7mbd84y/file/647374529609 . It is in Excel format and should be downloaded to read more easily. You should be aware of the rules in the state where your prospective client is a resident as well as knowing emergency services. Additionally, you should keep in mind that the telemental health coverage that currently exists will possibly be eliminated when the State of Emergency ends. Having a plan for how to manage the treatment around this possibility is part of good clinical practice.
Be sure you have changed your Informed Consent forms to include information about how to file complaints in your state and the state of the patient in addition to following the rules about practicing across state lines. This typically would include providing links to the social work Board of the state in which you are licensed and the social work Board where the patient is located.
Let me know if you have any questions about practicing telemental health across state lines.
Laura W. Groshong, LICSW, Director, Policy and Practice
I’ve received several questions about the HHS extension of the State of Emergency which I will answer below:
In short, coverage of telemental health and audio only treatment will now continue until January 21, 2021, for Medicare and Medicaid. The reimbursement rates will remain the same for Medicare and Medicaid during this time. Commercial insurers may follow this policy but are not required to. The responsibility to find out what coverage is for commercial insurers is our responsibility as LCSWs to check.
Let me know if you have any other questions about the State of Emergency extension at email@example.com.
Laura W. Groshong, LICSW, Director, Policy and Practice
There have been several opportunities for LCSWs who are Medicare, Medicaid or CHIP providers to access additional funds if our income has been affected by COVID-19. Through the Coronavirus Aid, Relief, and Economic Security (CARES-donation) Act and the Paycheck Protection Program and Health Care Enhancement Act (PPPCHE-loan), and the Provider Relief Fund (PRF-donation), the federal government has allocated $175 billion in payments to be distributed through HHS (administered by Optum).
Yesterday the fourth option was announced, the Provider Relief Fund Phase 2, which includes funding for LCSWs, and is detailed below. This is called the Phase 2 General Distribution funding. This is a way to make up lost income, not a loan. To apply for these funds go to https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/for-providers/index.html#key-facts-providersand complete the 6-step application process.
To date only a fraction of the $175 billion in funds has been claimed. Therefore, CMS is extending access to these funds, which was supposed to end on August 9 for all behavioral health providers and other health care providers, including for LCSWs, until August 28, 2020. The funds distributed will be up to 2% of all income fromMedicare, Medicaid or CHIP in tax years 2017, 2018, or 2019 (not all three, just the highest one).
HHS will host a webinar on Thursday, August 13, at 3PM EDT. Register here to learn more about the application process, which is somewhat cumbersome.
You need to be able to document lost income due to COVID-19 and provide the income that you received from Medicare, Medicaid or CHIP per your tax returns for one of three previous years to 2020.
I hope this will be somewhat helpful to members who work in these areas and help give some relief for those who have seen a decline in revenue during these difficult times.
Laura Groshong, LICSW, Director, Policy and PracticeClinical Social Work Association
I have heard from many members about letters that they have received from a number of insurers in what is being called a “treatment review”. You will recall that these reviews were part of the process that was put in place when the Affordable Care Act went into effect in 2010. The basis for these reviews was left up to the judgment of the insurers. These reviews generally occur every two years.
The last time this came up was in 2018 when Global Tech mailed out 10,000 letters to Medicare LCSWs, questioning their practice based on three areas: how often a patient was seen; how long a patient was seen; and whether the 90837 CPT code was used regularly. We are being compared to all other LCSWs in the insurance plan and identified as being ‘outliers’ in one or more of these areas. As with the last round of reviews, this process is flawed as it does not take into account the conditions being treated.
The current letters are being sent by a number of private insurers including Anthem, Carefirst, and OPTUM (UBH). Some of the companies are separate entities, such as CIOX like Global Tech. Some are directly from the insurer. It is necessary to comply with these reviews to avoid being penalized.
If you have received one of these letters and would like some citations to support length and frequency of treatment, here are some examples:
Data on why it is necessary to use 90837 instead of 90834 is harder to come by, since there is only one minute difference between them.
While it is possible that there may be some audits after the treatment review, this affected a small number of LCSWs in 2018. The treatment review itself is not an audit.
This process is a frustrating and anxiety-producing one, especially with the difficulties most of us have had moving to telemental health and dealing with the pandemic. CSWA continues to work with CMS to accept the variations in practice without requiring these reviews. It may require Congressional action as the ACA was approved by Congress.
Let us know if you have any other questions about this process. Stay safe and healthy.
Laura Groshong, LICSW, Director, Policy and Practice firstname.lastname@example.org
Clinical Social Work Association
The National Voice of Clinical Social Work
Strengthening IDENTITY | Preserving INTEGRITY | Advocating PARITY
The Clinical Social Work Association offers the following comments on the President’s recently signed Executive Order.
The overall intent of the Executive Order is to develop a federal approach to eliminate misuse of authority by police, as printed in Section 1: “Unfortunately, there have been instances in which some officers have misused their authority, challenging the trust of the American people, with tragic consequences for individual victims, their communities, and our Nation.” CSWA supports the attempt to resolve the pervasive problem of overuse of force but notes that the Executive Order neither acknowledges the systemic racism that leads to the misuse of authority, nor does it provide a plan of action for enforcing needed change. To be clear, CSWA sees the Executive Order as a work in progress, and, as such, finds two of its main goals worthy of serious consideration.
Section 3 of the Executive Order focuses on information sharing: “The Attorney General shall create a database to coordinate the sharing of information between and among Federal, State, local, tribal, and territorial law enforcement agencies concerning instances of excessive use of force related to law enforcement matters, accounting for applicable privacy and due process rights”. Such a database would potentially provide critical information for targeting problems to be addressed at the local level through required regular public reports.
Section 4 would take steps to provide additional mental health and social services to citizens who have mental health and social needs that the police are currently encounter: “Since the mid-twentieth century, America has witnessed a reduction in targeted mental health treatment…As a society, we must take steps to safely and humanely care for those who suffer from mental illness and substance abuse in a manner that addresses such individuals’ needs and the needs of their communities.” As clinical social workers, we applaud promotion at the federal level of the use of appropriate mental health and social services as the primary response to individuals who suffer from impaired mental health, addiction, and homelessness. At this time, law enforcement does not offer expert training in mental health treatment or in providing complex social services. Because the police have been increasingly asked to respond to these cases, the result is uncounted wrongful incarcerations and deaths, as noted in the Executive Order.
CSWA supports the concept of clinical social workers and law enforcement officers working as “co-responders” to address emotional distress and work to prevent wrongful deaths and incarceration. Indeed, at the local level, clinical social workers speak of successful examples of such partnerships: in protective services; on domestic violence calls; on Mental Health Crisis Teams; in prison settings; and more. Such a pairing tempers the law officer’s militarized tactics, and, as one clinical social worker said, is what “brings a thoughtful calm to the crisis situation.”
A major barrier to the approach promulgated in the Executive Order is the exponential growth of funding for law enforcement, with emphasis on “warrior” attitudes and militarization, while at the same time there has been a concomitant defunding of mental health treatment and social services. Little discussion of common interests and how to work together has taken place. We strongly believe that any integration of the services provided by law enforcement and clinical social work will need mutual oversight by both Department of Justice and Department of Health and Human Services, with more balanced funding, mutually determined by these agencies.
Having a more nuanced view of what behavior constitutes real danger and what behavior is an expression of unmet social needs has not been part of the law enforcement mindset, and CSWA would like to have an in-depth national discussion about how to facilitate this change. Clinical social workers can offer expertise in helping create the changes that will help minimize over-zealous law enforcement by using our knowledge of deescalating potentially dangerous situations through access to mental health and social service care. We welcome a forum for creating true integration of what law enforcement and clinical social work can provide.
Britni Brown, LCSW, President
Laura Groshong, LICSW, Director of Policy and Practice
Margot Aronson, LICSW, Deputy Director of Policy and Practice
The Clinical Social Work Association (CSWA) stands with the thousands of protesters throughout the country who are advocating for justice in the deaths of Ahmaud Arbery, Breonna Taylor, George Floyd and many others. We also condemn the militarized police tactics being used against protesters and the aggressive police practices used against Black and Brown people throughout the country every day.
Systematic injustices have broken our society, and our communities and clients are hurting. It is imperative that our members are supporting their clients and communities through this time of pain and protest. We are encouraging all of our members to 1) stay informed of current events, 2) read and research to ensure they understand the micro- and macroaggressions their clients face daily, and 3) continue to create environments where clients feel safe in expressing themselves and getting the support they need.
As clinical social workers, we have always advocated against injustices. This is the very nature of our work, and it requires we address both blatant and subtle racial hostilities, anti-blackness, demeaning attitudes towards people of color, and the White supremacist attitudes that our culture and society have tolerated for far too long. In support of this work, CSWA will share resources and information and offer support in a way to help our members support their clients and combat racial aggressions in their communities. We will continue to support you as you support your communities and clients.
Britni Brown, CSWA President
Dear CSWA Members,
I have been getting many requests from members for how to safely consider returning to their offices. I will be doing two webinars on this topic on June 11 and 13 (details to follow). But before we start thinking about the understandable wish to get back to our offices, I would like to offer some thoughts about what losing the ability to work there has meant for me.
We tell our patients, rightly, that the office is the safest place there is to look at what has caused the hurt/troubled/traumatized feelings they have. We see ourselves as the owner of this safe space and feel safe there ourselves. Pre-COVID, if my patient or I was sick, it was not the potentially life-threatening issue that it is now. Also pre-COVID, on the rare occasions that a patient or I was sick, I assessed how much of a risk there is for both of us if one of us gets a cold or the flu from the other. I had never thought that one or both of us might be putting our lives at risk by being in the same room.
Now I have those thoughts. Much as I want to return to my office, it feels like there might be a serious physical risk to one or both of us (or all patients I see). This feels like a dangerous situation. I don't know how to be sure that my office is a physically safe space at this point, It doesn't feel like keeping a 6-foot distance, having the right air treatment machines, wearing masks, or all the other adjustments that many are considering will bring back the precious emotional and physical safety that we have lost until we acknowledge that loss.
Painful as it is to lose this safe space for me and my patients, it is a reality. I have been trying to explore this in myself and with my patients. Patients have made many comments about the room I am using at home when we meet online, how it isn’t like the office we used to share and what it means to them. This often leads to some feeling of loss.
To be sure, some CSWA members are more sanguine about working by telephone or videoconferencing. Some had already been working in these ways and did not feel the shift to videoconferencing solely was that different. I support those of you who are doing well in this way of working and hope you understand that not everyone has the level of comfort with it that you do.
I will be offering members the multitude of issues to be considered when returning to our physical offices in the aforementioned webinars next month. In the meantime, please consider how much we have already lost. Let’s honestly look at how much we feel that we and our patients have to protect ourselves from each other in the office. In my view, we have to achieve that before we can actually reclaim making our offices a safe space again. Hopefully the loss of our offices won't be going on too much longer, but I am trying to accept the pain that losing it has already caused.
Hope you are all weathering this difficult time as well as possible.
by: Laura Groshong, LICSW, CSWA Director of Policy and Practice
May 12, 2020
Just as we are settling in with videoconferencing and (thank you, CMS!) audio psychotherapy, the possibility that we will no longer be forced to maintain the distancing that led to these forms of practice is beginning to emerge in some states . What we can expect in the near to later future is at best likely to vary from state to state and region to region. The range of options for how psychotherapy is conducted is likely be forever changed, as well as the reimbursement that goes with the different options.
LCSWs are flexible and we can process and make choices about all the new information we are getting that affect our practices. We can integrate the changes that we need to make to our well-honed skills to protect ourselves and our patients. Here are the issues (not exhaustive) that seem most important to consider at this point in time, whether you are planning to hunker down with your computer screen for a while, itching to get back to seeing patients in your office, or both.
Dealing with Insurance Issues in the Here and Now
I think it is safe to say that, while LCSWs used to feel frustrated by low reimbursement rates, lack of coverage for more than once a week treatment, and treatment reviews for psychotherapy that lasted more than a year, we now have a whole new set of frustrations.
Among these new frustrations are the variability of private and public insurance policies: first they agree to cover the co-pays, then they don’t; first they will pay the same amount for distance therapy as in-person therapy, then they won’t; first they ask us to use a certain POS code and modifier, then change them without notice while denying claims; and more. Spending hours tracking down provider liaisons about why our claim was denied, or paid at a lower rate, is painful and even scary. One remedy is to engage our patients in the process of finding out what their current co-pay coverage is. Another recommendation is to keep a list of POS and modifier guidance as it comes out, by insurer, and keep it updated. If you find inconsistencies, let your insurance commissioner and attorney general know. This is the best way to get action on insurers’ failure to pay us what they have agreed to when we have complied with stated policies.
Telemental Health Changes and Challenges
I have heard from clinical social workers from all over the country in the past 4 months: the vast majority tell me that they have moved from doing in-person psychotherapy to doing psychotherapy through videoconferencing and telephonic means. Most LCSWs struggled at first with the loss of the in-person office setting and the intimacy that usually goes with it. Staring at a screen for 5-8 hours a day is tiring as we try to maintain the level of empathic attunement that is optimal with what can feel like less emotional information coming through the screen for both patients and therapists. The good news is that the process becomes more ego-syntonic over time and many LCSWs report that they have adjusted to videoconferencing after about two months. Many have gotten training in telemental health (see CSWA website for training by Marlene Maheu of TBHI at www.clinicalsocialworkassociation.org in the Members Only section).
LCSWs have put in the time to explore the best videoconferencing platforms which have good connectivity, reasonable pricing, and adequate confidentiality. Similarly, many LCSWs want to find a different payment system since checks or cash can’t translate well to distance treatment; again, much information on the CSWA website home page – click the red bar.
Others wonder if they can wait the possible 3 months, 6 months, 12 months, or two years, all of which have been suggested as the amount of time it will be take to be safe from COVID-19, to return to office practice. Safety will be based on having ‘herd immunity’, e.g., most people have had it and are immune, or a vaccine has been found; most epidemiologists see this as a 12-18 month process at best. The lack of knowledge about how to plan our lives is anxiety provoking as is the thought that it could be 2-3 years before we can safely return to doing in-person psychotherapy.
CMS has given LCSWs the options to use videoconferencing and audio only psychotherapy to be covered at the same level as office psychotherapy, after much prodding by CSWA and other mental health associations. CSWA is looking at the widespread discrepancy that still exists among private insurers and ERISA plans in covering videoconferencing and audio psychotherapy at all; which insurers and ERISA plans are covering co-pays; and which insurers and ERISA plans will pay for videoconferencing/audio therapy at the same rate as in-person therapy.
What will our practices look like in another 8 weeks, in 6 months, in a year, or maybe three years from now? We have no idea. Different states are following different trajectories based on the way COVID-19 is impacting the people who live there. Some states are coping both with “Hot Spots” and with areas which are lowering the curve and returning to an acceptable level of infection (less than 1:1 increases). The devastating impact of the 15% unemployment rate, higher in some states, affects many of our patients. Fortunately, the Affordable Care Act is still in place so that patients can find insurance if they need it when they lose their jobs.
So far, our state and local governments have been trying to create guidelines that will protect as many people as possible, mainly through physical distancing, hand washing, wiping down all high touch surface, and masks. While this is the legal “frame”, all LCSWs still have to determine what we think is safe in doing our work in the present and moving forward.
Types of Psychotherapy Delivery
There are many questions to be answered by LCSWs as individuals to decide how we decide to practice from month to month and year to year as the pandemic runs its course. The answers may change depending on where we live, state restrictions, our own comfort with telemental health or audio therapy, coverage of these delivery systems and much more. Here is a list of considerations for making these decisions:
CSWA has had several articles about the potential confidentiality problems with using telemental health (see https://www.clinicalsocialworkassociation.org/sys/website/?pageId=18219 for complete list). The use of video platforms that are not HIPAA compliant has been relaxed but this should be taken with a grain of salt; state laws may still be more stringent than Federal laws and therefore apply.
Another confidentiality concern comes into play if and when we are see patients in-person. If, in spite of our best efforts to maintain a COVID-19-free office environment we discover that a patient has been infected, we will need to do contact tracing and notify every other patient who has been in our office within 14 days. Confidentiality is affected by COVID-19 in ways that are not usually a concern in the consultation room.
Safety of In-Person Psychotherapy
There has been increasing discussion about returning to in-person psychotherapy as some states begin to relax sheltering-in-place regulations. Many LCSWs understandably miss seeing patients in-person and are anxious to return to the office. Here are some safety issues to consider in making this decision. It goes without saying that LCSWs should comply with any state or federal laws about sheltering-in-place.
DO NOT see patients who:
Clinical Implications of Changes to In-Person Practice
While the changes we make to our practices, in-person or distance practice, are based on the real dangers we face, LCSWs need to be aware of the emotional meaning to our patients of such changes. Seeing patients while the LCSW and the patient are wearing masks may have a chilling effect on the office being a safe environment. Use of hand sanitizer and all the other preventive measures may similarly feel like an intrusion into the safety of the therapy setting. Nonetheless. to keep ourselves and our patients safe, we may decide to continue conducting distance therapy, no matter how frustrating it may be. The feelings that patients have about the changes that we make will be ‘grist for the mill’ as always. Of course, we must strive to process our own feelings about the pandemic enough to be able to somewhat objectively help our patients process theirs.
In short, use your own judgment about what form of psychotherapy feels safe for you and your patients. Keep letting insurers know that they need to be consistent and cover videoconferencing and audio therapy. And most of all - stay tuned.
I am pleased to confirm that LCSWs can now be reimbursed by Medicare for audio only psychotherapy sessions. More details can be found at https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf
The CPT codes are the same as the ones that we use for in-person and videoconferencing sessions, e.g., 98034, 98037, 90791, etc. Any telephonic session that you have conducted since March 1 can be submitted for reimbursement.
The POS code should continue to be 11 as is has been for the past three weeks. The modifier is 95.
This is the decision that CMS has made for Medicare coverage. As we know, private insurers often follow the lead of Medicare policy, so there is a chance that we will see more coverage of audio only sessions by private insurers. Do not take it for granted though, that this is the case. Continue to check the plan that each patient has if you wish to conduct treatment in an audio only format.
This also will not automatically apply to ERISA, or self-insured, plans. We are continuing to pursue audio only coverage for those plans as well.
This is a big win for LCSWs and you all helped! When we work together through CSWA, as well as with NASW and the American Psychological Association, we can accomplish great things.
Laura Groshong, LICSW, Director, Policy and Practice
Many CSWA Members have wondered about the risks and benefits of applying for the second round of relief funds from the CARES Act General Allocation Fund. Some of the guidance on applying for these funds is as ambiguous as the explanation for the first round of relief funds, but I will give you my understanding of what it means.
First, tomorrow is the last day for accepting or rejecting the first round of funds, which did not require an application, as the second round does. The first round of funding went to any LCSW who saw Medicare patients in 2019. There is some confusion about what accepting these funds, either through active attestation or no response, will mean. But anyone who does not actively reject the funds by tomorrow will be seen as eligible for the second round of funding.
To be considered for these new General Allocation funds, information on filing the application can be found at https://chameleoncloud.io/review/2977-5ea0af98f0fd0/prod . A couple of changes are 1) you must file your 2019 tax return, and 2) you must estimate your lost income for March and April of 2020. These funds will be available until they are exhausted and will go out as claims are validated.
There is no guarantee that you will receive these funds, or a formula for how they will be distributed. The main thing to remember is that if you want to be considered for receiving them, apply sooner rather than later. Giving our tax returns to HHS is a calculated risk. If the information is accurate, there should be low risk; if not, there could be an audit of your tax return. Estimating lost income may be difficult and could lead to problems if it is found to be overestimated. But for some LCSWs, it may be worth the risks of applying for these funds because of the need for more income at this perilous time.
Remember - this is a separate source of funding from the Payroll Payment Protection (PPP) funds, which LCSWs are also eligible for. PPP allows businesses to borrow 2.5 times our average monthly “payroll costs”, a bit of a misnomer, because when you look at the actual definition payroll costs include self-employment income, e.g. net income reported on Schedule C. This program applies to anyone with self-employment income and is a loan which must be repaid.
I hope this helps you make the decision that is right for you about applying for these funds. Let me know if you have any other questions.
PO Box 105Granville, Ohio 43023