PSYCHOTHERAPY RECORD KEEPING REQUIREMENTS

Judy Gallant, LCSW-C, Director, GWSCSW Legislation & Advocacy Branch

Bottom line: We must keep our records for the amount of time our state/jurisdiction requires. Additionally, for HIPAA, you must maintain – until 6 years after the last date of service - your privacy policies and procedures, privacy practices notices, disposition of complaints, and other actions, activities, and designations that the Privacy Rule requires to be documented. And, for Medicare, records need to be saved for 7 years.

More specifically:

In MD and VA, this means we need to retain them for a minimum of 5 years after our discharge date. For minors, we must keep them either 5 years after their discharge date, or 3 years after they reach the age of majority, whichever is later.

In DC,  records need to be retained for 3 years after last seeing the patient. For minors we must keep records 3 years after last seeing the patient or for 3 years after the patient turns 18, whichever is later.

FOR HIPAA:

Does the HIPAA Privacy Rule require covered entities to keep patients’ medical records for any period of time? No, the HIPAA Privacy Rule does not include medical record retention requirements. Rather, State laws generally govern how long medical records are to be retained. However, the HIPAA Privacy Rule does require that covered entities apply appropriate administrative, technical, and physical safeguards to protect the privacy of medical records and other protected health information (PHI) for whatever period such information is maintained by a covered entity, including through disposal. See 45 CFR 164.530(c). (From a CURRENT HHS.GOV posting: https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/enforcement/examples/disposalfaqs.pdf)

For Full Rule, go to p.3, bottom right: https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/enforcement/examples/disposalfaqs.pdf

And, for Medicare records:

For "a Medicare provider or supplier providing covered ordered, certified, referred, or prescribed Medicare Part A or B services….(t)he regulation requires you to maintain medical records for 7 years from the Date of Service (DOS).”

From CURRENT CMS webpage: https://www.cms.gov/files/document/mln4840534-medical-record-maintenance-and-access-requirements.pdf

Book List

Addiction

Addiction: General
Hoarding
Pornography
Sex
Substance Abuse
Substance Abuse: Children & Adolescents
Trauma (see 

Anger & Forgiveness

Anger: General
Children’s Books
Forgiveness
For Men
For Women

Body Image & Eating Disorders

Body Image
Eating Disorders
Eating/Feeding Disorders: Children

Childhood Topics

ADHD
Anxiety
Autism Spectrum
Bipolar Disorder
Bullying
Eating/Feeding Disorders
Divorce/Parental Separation
Enuresis/Encopresis
Grief & Loss
Scizophrenia/Psychosis
Sensory Integration
Self-Esteem
Self Harm
Special Needs (Misc Disorders)
Substance Abuse
Trauma

Children's Books - Anger & Emotional Regulation

Adolescence
Anger
Body Development
Bullying
Developmental Disability
Divorce/Parental Separation
Enuresis/Encopresis
Grief & Loss
Nightmares
Parental Illness
Trauma

Diversity

Financial Awareness/Money Management

Debt Recovery
Financial Planning
Relationship Issues

Grief & Loss

Grief & Loss: General
Children & Parenting
Children’s Books
Loss of a Child
Loss of a Pet
Loss of a Sibling
Suicide

LGBTQI Topics

Gender Identity
Sexual Identity
Gender & Sexual Identity: For Parents

Lifespan Topics

Adoption
Aging
Aging Parents
Children & Transitions: Deciding to Have Children (Or Not)
Children & Transitions: Parenting Adult Children
Children & Transitions: Postpartum Anxiety/Depression
Children & Transitions: Return to Work
Chronic Pain
Dementia/Alzheimer’s Disease
Infertility
Leadership
Medical Conditions (Misc.)
Vocation/Finding Purpose

Mental Health Disorders

Mental Health Disorders: General
ADHD
Anxiety
Bipolar Disorder
Borderline Personality Disorder
Depression
Depression: For Men
Mental Health Issues: For Adolescents
Mental Health Issues: For Family Members
Schizophrenia/Psychosis

Parenting

Adolescents
Adoption
Adult Children
Boys
Challenging Behaviors
Divorce/Separation & Single Parenting
Girls
For Fathers
Mind-Body Connection and Mindfulness
Return to Work after Children
Postpartum Depression/Anxiety
Young Children

Personality Disorders

Borderline Personality Disorder
Narcissistic Personality Disorder
For Adult Children
For Partners

Relationship Topics

Attachment
Blended Families
Boundaries
Co-Dependency
Communication Skills
Couples Therapy
Crisis in Marriage/Relationship
Divorce, Marital Separation, & Break-Up
Divorce/Parental Separation: Children & Parenting
Divorce/Parental Separation: Children’s Books
Intimacy
Domestic Violence (see Trauma)
Lying
New Couples & Relationship Strengthening

Self-Esteem & Self-Compassion

Increasing Self-Esteem: Adults
Increasing Self-Esteem: Children
Increasing Self-Compassion & Overcoming Guilt/Shame
Overcoming Perfectionism
Using Mindfulness/Mind-Body Connection

Sex

Addiction (see Addiction: Sex)
Sex: General
Aging
Low Libido
For Men
For Women
For Trauma Survivors

Social Skills Building

Bullying
For Adults
For Children

Suicide

Grief/After a Suicide
Suicide of a Parent
Working with Suicidality

Treatment Issues & Approaches (Misc.)

Communication
Mind-Body Connection
Mindfulness
Self-Harm
Suicidality

Trauma

Trauma: General
Trauma: Addiction
Bullying
Children & Parenting
Children’s Books
Domestic/Intimate Partner Violence: Perpetrators
Domestic/Intimate Partner Violence: Survivors
Holocaust Survivors
For Partners
Sex
Using Mindfulness/Mind-Body Work
Vicarious Trauma/Compassion Fatigue

The GWSCSW is seeking presenters to offer 3 hour virtual continuing education workshops. 

GWSCSW sponsors Social Work Continuing Education Units (CEUs) for both educational workshops and study groups. Please read the following guidelines prior to submitting a request for event or study group sponsorship.

In order to submit a proposal, the presenter must be a licensed clinical social worker (or other licensed mental health professional).

We have changed the guidelines and presenters do not have to specifically be licensed social workers or GWSCSW members as long as they are licensed in another mental health field (LCPCs, psychologists, etc). Payment is $125 per CE hour. 

 Proposals must be relevant to the field of social work and clinical social work practice and have specific goals, objectives, references, and an agenda. Proposals must comply with the guidelines of the National Association of Social Workers Standards for Professional Education. 

All educational events are currently occurring virtually in accordance with local and national public health guidelines and when this changes, this webpage will be updated.

Priority for approval of events and study groups will be given to: 

• Ethics 
• Topics with wide membership requests and appeal
• Anti-racism topics and education
• Clinical methods and topics that are accepted within social work literature. This includes those methods that are researched with evidence-based protocols and have been presented at regional and/or national social work conferences.  

If you are interested in presenting a workshop please go to the submit a proposal link above.  We look forward to  your collaboration. 

Ed Geraty LCSW-C, LICSW  
Chair Continuing Education Branch

Follow-up on Telemental Health Medicare Coverage

March 17, 2025

Laura Groshong, LICSW, CSWA Director of Policy and Practice

As CSWA predicted, the Continuing Resolution to keep the Federal government running passed the Senate on March 14, having already passed the House, with the stipulation that telemental health, telehealth, and audio-only treatment through Medicare be continued for six months beginning April 1, 2025. This means that there will need to be another vote to continue coverage of telemental health after October 1, 2025. As we know, most commercial insurers follow the Medicare policies.

An even better outcome is that the in-person requirement every 6 or 12 months is put on hold as well.

The text of the Continuing Resolution that confirms this in the Federal Register as follows:

p. 93 of CR

(d) DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR MENTAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH AND TELECOMMUNICATIONS TECHNOLOGY.— (1) DELAY IN REQUIREMENTS FOR MENTAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH.—Section 1834(m)(7)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding subclause (I), by striking ‘‘on or after April 1, 2025’’ and inserting ‘‘on or after October 1, 2025,’’

(e) ALLOWING FOR THE FURNISHING OF AUDIO ONLY TELEHEALTH SERVICES.—Section 1834(m)(9) of VerDate Sep 11 2014 12:32 Mar 11, 2025 •HR 1968 EH  the Social Security Act (42 U.S.C. 1395m(m)(9)) is amended by striking ‘‘ending on March 31, 2025’’ and inserting ‘‘ending on September 30, 2025’’.

Thanks to all who wrote to members of Congress.

Our Webinar Library offers on demand Category 2 workshops. You can access our library at https://gwscsw.org/Workshop-Library

CLINICAL PRACTICE Resources The Clinical Social Work Association offers its members a variety of professional support by providing up-to-date information on issues that affect clinical social work practice in the public, private, and social sectors. CSWA strives to maintain relevant information in those areas of practice that directly impact Clinical Social Workers, including changes in Medicare and updates to HIPAA.  Below, please find a sample of the kind of articles and other practical tools that are available to members of CSWA. More comprehensive resources and templates can be found in the Members-Only section of the website.

FEDERAL ADVOCACY 

The Clinical Social Work Association (CSWA) Director of Legislation and Policy, Laura Groshong regularly provides Legislative/Regulatory Alerts to the CSWA membership to keep them informed about important legislation or regulations that have been introduced at the national level.  In addition to keeping members informed, the CSWA also monitors all current national legislation that affects clinical social workers and the need for action to members of Congress. The list of Legislative Alerts listed below allows members to review the history of CSWA action on national bills in Congress that affect clinical social workers and the outcomes of CSWA actions.

GWSCSW is an affiliate member of the CSWA.  With the CSWA leading the national voice, GWSCSW supports their efforts by working with this national association and the other 15 affiliated states to reinforce the needs of the profession and to strengthen our influence at the national level.  

As a GWSCSW member, you are eligible for a discounted individual membership with the CSWA. . More information here. 

The Social Work Licensure Compact has been enacted in at least seven states and has reached activation status, however multistate licenses are not yet being issued. The implementation process for the compact will take 12 to 24 months before multistate licenses are able to issued.

For further details and updates click this link:   https://swcompact.org/

Mentoring Programs

 Purpose of the Mentor Program

The purpose of the Mentor Program is to provide a link between a Mentor, who is an established member of the profession, with a graduating social work student, a recent graduate, a social worker re-entering the field or one new to the area. The program is open to all GWSCSW Members no matter what area of concentration or special interest he or she has in the field of social work.

The Mentee is assigned to an individual Mentor upon receipt of the application. Additional services offered are support groups and other workshops. Mentoring might be a one-time meeting or an ongoing relationship. Contact may be by phone or email, but face-to-face meetings are encouraged, when possible.

Mentor: a wise and trusted counselor and teacher

Recent MSW graduates and social workers resuming practice, new to the Washington Metro area or contemplating changing an area of clinical focus after years of practice may want to talk with a Mentor.

These are some of the common issues a new or returning social worker might like assistance with as a Mentee:

• Job search strategies
  
• Advice on how to handle tough situations with co-workers or boss in a new job
  
• Information about licensure
  
• Group support alongside other new or transitioning social workers
  
• Assistance with strategies for starting a private psychotherapy practice
  
• Continuing professional development
  

Note: The role of the Mentor is not to provide psychotherapy or supervision to the Mentee.  If these are your needs, the Therapist Finder System is the appropriate resource.

The Mentoring Program (directed through the Professional Development Committee) also recruits anyone interested in becoming a Mentor: experienced clinical social workers willing to help someone consider his/her goals and act as a sounding board, providing guidance and advice. You can determine the extent of your own time commitment.

Click here for further information.

Professional Resources

NAtional Association for Clinical Social Work

Clinical Social Work Association

LICENSING BOARDS

District of Columbia

Board Website: https://dchealth.dc.gov/node/161602

Statutes: https://doh.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Subchapter%20V_Licensing%20of%20Health%20Professionals.pdf

Rules: https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Chapter%2070%20Social%20Work%207-5-2019.pdf

Maryland

Board Website: https://health.maryland.gov/bswe/Pages/default.aspx

Statutes:  https://health.maryland.gov/bswe/Pages/regulation.aspx

Rules: http://www.dsd.state.md.us/comar/subtitle_chapters/10_Chapters.aspx#Subtitle42

Virginia

Board Website: http://www.dhp.virginia.gov/social/

Statutes: https://law.lis.virginia.gov/admincode/title18/agency140/chapter20/

Rules: http://www.dhp.virginia.gov/social/social_laws_regs.htm#reg

ICD-10 Resources

Center for Medicaid and Medicare Services (CMS.gov) ICD-10 Code look-up:  Enter a description or key word to look up an ICD 10 code.   |

http://www.cms.gov/medicare-coverage-database/staticpages/icd-10-code-lookup.aspx

CMS:  Road to 10:  Collection of webcasts, clinician case stories, specialty references, etc. |http://www.roadto10.org/

CMS Interactive Case Studies

http://www.roadto10.org/ics/

Clinical Social Work Associationhas a recorded webinar of ICD-10 Implementation | www.clinicalsocialworkassociation.org
AMA Recommendations for Transitioning to ICD 10

http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act/transaction-code-set-standards/icd10-code-set.page

ICD10Data.com: Warning:  Non-government site.  User friendly site that takes the official ICD-10-CM and ICD-10-PCS medical codes and adds millions of cross references betweencodes.  |  www.icd10data.com
Below  are links to the crosswalk site for DSM-ICD. It's all you need to make the transition.
http://dhcfp.nv.gov/uploadedFiles/dhcfpnvgov/content/Public/AdminSupport/DSM%204CW5.pdf
The whole ICD-10 CM is available free of cost at the CMS website: 

https://www.cms.gov/medicare/coding/icd10/2015-icd-10-cm-and-gems.html

http://www.naswma.org/?page=ICD10