February 2, 2026

The chaos surrounding telemental health rules since October 1, 2025, has made it difficult for LCSWs to know whether we will continue to have Medicare coverage for patients who receive mental health treatment virtually. The good news was that in November 2025, CMS passed a rule that allowed behavioral health services, and audio-only mental health services, to be in place even as other telehealth services were being cut completely. The bad news was that the in-person requirement for patients that were seen for the first time after October 1 is still in place. Please see CSWA’s alert regarding these rules.

There was a kind of waiver for patients who would be “burdened” by having to see an LCSW in-person. CSWA believes that option is still in place and should be documented in the record. We have prepared an example document, available to members only.

As you have no doubt heard, it appears there is a brief government shutdown, which started this past weekend, until the House can pass the revised Continuing Resolution (CR), which passed the Senate on Friday, January 30. The President has indicated he will sign this CR. The CR may last for two years, which would be quite a relief after the three-month CRs that we have been dealing with for the past six months.

The best summary of the Medicare rules governing telehealth can be found in the CMS Q&A from November 2025. Questions 5 and 6 have the most detail about telemental health.

CSWA will continue to track these changes and confirm them for you as they occur. Please let Laura Groshong, LICSW, CSWA Director of Policy and Practice, know if you have any questions at lwgroshong@clinicalsocialworkassociation.org.