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LCD L39853: Outpatient Psychotherapy

LCD L39853, Outpatient Psychotherapy, is the Local Coverage Determination that Palmetto GBA applies to claims from 7 states (AL, GA, NC, SC, TN, VA, WV), effective 2024-10-20. The policy text runs 1,170 words, and its billing and coding article A59723 lists 428 ICD-10-CM codes that support medical necessity for 26 procedure codes. No other contractor publishes a policy with this title.

QuickIntell editorial content · Legacy registry date · Review not verified

Data effective
Data currency: Medicare Coverage Database LCD export release of September 24, 2026 (effective September 20, 2026). Next CMS release: weekly (Thursdays) for the MCD.
Contractor
Palmetto GBA
States and territories
7
AL GA NC SC TN VA WV
Revision effective
2024-10-20
Original effective
2024-10-20
Policy text
1,170 words
Covered ICD-10 codes (articles)
428

Where this LCD applies

Each contract number is a jurisdiction on the remittance; the policy binds claims processed under these contracts and no others.

Contracts that apply LCD L39853
ContractContractorTypeStates
11201Palmetto GBAA and B and HHH MACSC
11301Palmetto GBAA and B and HHH MACVA
11401Palmetto GBAA and B and HHH MACWV
11501Palmetto GBAA and B and HHH MACNC
11202Palmetto GBAA and B and HHH MACSC
11302Palmetto GBAA and B and HHH MACVA
11402Palmetto GBAA and B and HHH MACWV
11502Palmetto GBAA and B and HHH MACNC
10111Palmetto GBAA and B MACAL
10211Palmetto GBAA and B MACGA
10311Palmetto GBAA and B MACTN
10112Palmetto GBAA and B MACAL
10212Palmetto GBAA and B MACGA
10312Palmetto GBAA and B MACTN

Billing and coding: diagnoses and procedure codes

Since 2019 the codes live in the companion article rather than the LCD. Billing and Coding A59723 (Billing and Coding: Outpatient Psychotherapy) carries the diagnosis and procedure lists the contractor loads as the claims edit. CPT codes are shown as bare numbers because the descriptors are licensed by the AMA; HCPCS Level II descriptors are public and shown.

A59723: Billing and Coding: Outpatient Psychotherapy (Billing and Coding, effective 2026-10-01)

Covered ICD-10-CM codes
428
1 group
Non-covered ICD-10-CM codes
0
Procedure codes listed
26
Full article
cms.gov record
First 24 covered ICD-10-CM codes in A59723
ICD-10-CMDescription (FY2027)
F01.A0—
F01.A11—
F01.A18—
F01.A2—
F01.A3—
F01.A4—
F01.B0—
F01.B11—
F01.B18—
F01.B2—
F01.B3—
F01.B4—
F01.C0—
F01.C11—
F01.C18—
F01.C2—
F01.C3—
F01.C4—
F04Amnestic disorder due to known physiological condition
F05Delirium due to known physiological condition
F06.0—
F06.1—
F06.2—
F06.31—

Procedure codes: 90785, 90791, 90792, 90832, 90833, 90834, 90836, 90837, 90838, 90839, 90840, 90846, 90847, 90849, 90853, 90863, 90887, 90889, 90899, G0017 (Psychotherapy For Crisis Furnished In An Applicable Site Of Service (Any Place Of Service At Which The Non-Facility Rate For Psychotherapy For Crisis Services Applies, Other Than The Office Setting); First 60 Minutes), G0018 (Psychotherapy For Crisis Furnished In An Applicable Site Of Service (Any Place Of Service At Which The Non-Facility Rate For Psychotherapy For Crisis Services Applies, Other Than The Office Setting); Each Additional 30 Minutes (List Separately In Addition To Code For Primary Service)), G0323 (Care Management Services For Behavioral Health Conditions, At Least 20 Minutes Of Clinical Psychologist, Clinical Social Worker, Mental Health Counselor, Or Marriage And Family Therapist Time, Per Calendar Month. (These Services Include The Following Required Elements: Initial Assessment Or Follow-Up Monitoring, Including The Use Of Applicable Validated Rating Scales; Behavioral Health Care Planning In Relation To Behavioral/Psychiatric Health Problems, Including Revision For Patients Who Are Not Progressing Or Whose Status Changes; Facilitating And Coordinating Treatment Such As Psychotherapy, Coordination With And/Or Referral To Physicians And Practitioners Who Are Authorized By Medicare To Prescribe Medications And Furnish E/M Services, Counseling And/Or Psychiatric Consultation; And Continuity Of Care With A Designated Member Of The Care Team)), G0409 (Social Work And Psychological Services, Directly Relating To And/Or Furthering The Patient'S Rehabilitation Goals, Each 15 Minutes, Face-To-Face; Individual (Services Provided By A Corf-Qualified Social Worker Or Psychologist In A Corf)), G0410 (Group Psychotherapy Other Than Of A Multiple-Family Group, In A Partial Hospitalization Or Intensive Outpatient Setting, Approximately 45 To 50 Minutes), G0411 (Interactive Group Psychotherapy, In A Partial Hospitalization Or Intensive Outpatient Setting, Approximately 45 To 50 Minutes), G0570 (Care Management Services For Behavioral Health Conditions, Directed By A Physician Or Other Qualified Health Care Professional, Per Calendar Month, With The Following Required Elements: Initial Assessment Or Follow-Up Monitoring, Including The Use Of Applicable Validated Rating Scales, Behavioral Health Care Planning In Relation To Behavioral/Psychiatric Health Problems, Including Revision For Patients Who Are Not Progressing Or Whose Status Changes, Facilitating And Coordinating Treatment Such As Psychotherapy, Pharmacotherapy, Counseling And/Or Psychiatric Consultation, And Continuity Of Care With A Designated Member Of The Care Team (List Separately In Addition To Advanced Primary Care Management Code)).

Coverage indications, limitations and medical necessity

This LCD outlines the medical necessity requirements for Part A and Part B services in diagnosis and treatment of various mental health disorders and/or diseases.

Psychotherapy is the treatment of mental illness and behavioral disturbances in which a provider establishes professional contact with a patient. Through therapeutic communication and techniques, the provider attempts to alleviate emotional disturbances, reverse or change maladaptive behaviors, facilitate coping mechanisms and/or encourage personality growth and development.

Psychotherapy would be medically necessary when a patient has a psychiatric illness and/or is demonstrating emotional and/or behavioral symptoms sufficient to cause inappropriate behavior or maladaptive functioning. The psychotherapy services must be conducted by a state licensed provider whose training and scope of practice allows that provider to perform the services rendered.

Psychotherapy treatment must be directly related to the patient’s identified condition/diagnosis. The psychotherapy may be administered as a standalone treatment or along with medical evaluation and management (E/M) services. The medical management services are unique to patients with psychiatric diagnoses and may include the medical E/M of underlying medical conditions, drug interactions and physical examinations, indicated drug management, physician orders, interpretation of laboratory or study diagnostics and observations. The patient must be willing to allow insight-oriented therapy (behavioral medication, interpersonal psychotherapy, supportive therapy, cognitive/behavioral techniques) for this form of treatment to be effective. If a patient receives psychotherapy as well as medical E/M services on the same date of service, there should be significant differences and separately identifiable interactions to be medically necessary.

• Psychotherapy Psychiatric Therapeutic Procedures

-Defined as “the treatments for mental illness and behavioral disturbances in which the physician or other qualified health care professional through definitive therapeutic communication attempts to alleviate the emotional disturbances, reverse or change maladaptive patterns of behavior and encourage personality growth and development”. (CPT 2024, Professional edition, P.758)

-Insight oriented, behavior modifying, supportive and/or interactive psychotherapy.

-Psychoanalysis, group psychotherapy, family psychotherapy, and/or interactive group psychotherapy.

Psychoanalysis: the practice of psychoanalysis uses techniques to gain insight into and treat unconscious motivations and conflicts. This is not psychotherapy.

Group Psychotherapy: psychotherapy in a group setting. No more than 12 individuals should be in the group. Sessions facilitated by a therapist trained to administer therapy to all participants simultaneously. These sessions must be led by a state recognized person licensed or authorized to perform this service. (Psychiatrist, psychologist, clinical social worker, clinical nurse specialist, etc.) This is a therapeutic setting where personal and group dynamics are explored to allow for emotional catharsis, instruction, insight, and support. (Does not include socialization, music therapy, art classes/therapy, recreational activities, excursions, etc.) The participants are a carefully screened group meeting for a predetermined period during which common issues are presented and relate to and evolve toward a theme or therapeutic goal. During sessions, personal and group dynamics are explored and discussed to allow for emotional outpouring, instruction, and support. Group therapy will be considered medically necessary when a patient has a psychiatric illness and/or is demonstrating emotional and/or behavioral symptoms sufficient to cause inappropriate behavior or maladaptive functioning. This service must be ordered by a provider as a part of an active treatment plan which is directly related to the patient’s condition/diagnosis. The treatment plan must be followed, and it must be endorsed by and monitored by the treating physician or the physician of record.

Family Psychotherapy: a specialized technique of treating a patient’s mental illness by interacting with a patient’s family unit to modify the family structure, dynamic and interactions which may influence the patient’s behaviors and emotions. These family sessions may occur with or without the presence of the patient. This service must be done Face to Face. This process will identify which family communication patterns sustain and reflect the patient’s behaviors. A family member is someone identified as an individual who spends significant amounts of time with the patient and provides psychological support. This can include, but is not limited to, a caregiver and/or significant other. Family psychotherapy is only reasonable and necessary in clinically appropriate circumstances and when the primary purpose of the therapy is the treatment/management of the patient’s condition. For example: when there is a need to observe and correct patient interaction with family members, or a need to assess the conflicts or impediments within the family dynamic. Family psychotherapy will be considered medically necessary when a patient has a psychiatric illness and/or is demonstrating emotional and/or behavioral symptoms sufficient to cause inappropriate behavior or maladaptive functioning. Group therapy with families with similar issues may be indicated. These group sessions may be approved on an individual basis based on the need for this treatment for the beneficiary’s condition. Documentation must support the necessity of the therapy.

Interactive Complexity Services: when there is no ability to communicate through verbal interaction. Therefore, non-verbal communication skills or an interpreter may be necessary. Can include difficult communication with discordant or emotional family members and engagement of impaired patients. It may involve the use of physical aids, inanimate objects, and non-verbal communication to overcome barriers to therapeutic interactions.

Psychotherapy for Crisis: In a crisis situation, psychotherapy is an urgent assessment and must include history of the crisis state, a mental status exam and disposition. The presenting problem would typically be life threatening or complex situation and require immediate attention to a beneficiary in distress. Documentation must support the need for crisis psychotherapy and be based on time based, patient contact only, does not need to be continuous. Must be Face to Face. Treatment includes psychotherapy, mobilization of resources to defuse the crisis and restore safety, and implementation of psychotherapeutic interventions to minimize the potential for psychological trauma.

If the psychotherapy treatment is prolonged, there must be adequate well-supported documentation for the ongoing service describing it as necessary. Prolonged treatment may be subject to medical review.

Progress may be small or not measurable with each visit, however, a trend of improvement/regressions should be noted. When the services are in excess of established parameters, they may be subject to medical review.

There should be a reasonable expectation for improvement where a decline would be otherwise expected based on patient diagnoses and condition. If there is a point where there is no further improvement, the services will no longer be considered reasonable or necessary. If documentation can support that the mental stability of a patient is dependent on further psychotherapy, this documentation must be provided.

Timed codes utilized are to be based on the actual time spent with the beneficiary. For prolonged sessions, the appropriate add-on timed E/M codes are to be utilized.

Psychotherapy does not include teaching grooming skills, monitoring activities of daily living (ADLs), recreational therapies (dance, art, play) or social interaction.

Psychotherapy may be used alone or in conjunction with pharmacotherapy.

• Psychotherapy E/M codes

Payable only to physicians or non-physician providers. Should only utilize a psychotherapy code if the service is primarily a psychotherapy service.

Psychiatric somatotherapy (ECT), Biofeedback, Hypnotherapy, CNS testing are not covered under this LCD.

The beneficiary must be able to recall the therapy interactions from one session to the next.

Summary of evidence (opening)

Psychotherapy is utilized in treating mental health issues. Psychotherapy, along with medication, is one of the most common forms of mental health treatment.

Psychotherapy, or talk therapy, refers to a variety of treatments that aim to help a person identify and change troubling emotions, thoughts, and behaviors.

The goals of psychotherapy are to gain relief firm symptoms, maintain or enhance functioning and improve quality of life. 1

Reasons for psychotherapy include: severe or long-term stress (job, family situation, grief), symptoms without physical findings (sleep pattern issues, appetite problems, low energy, irritability, lack of interest, hopelessness etc.), a diagnosis of a mental health disorder that interferes with a patient’s life from a health care professional, a child or family member with a mental health condition to better support that person.

the full summary and analysis of evidence are in the CMS record.

Dates, lineage and related policies

Original determination effective
2024-10-20
Current revision effective
2024-10-20
Last reviewed by the contractor
2024-07-30
MCD version
3

The contractor lists one National Coverage Determination as related: NCD 70.1 Consultations with a Beneficiary's Family and Associates. Where an NCD speaks, it controls; the LCD can only address what the NCD leaves open.

Other related documents: A59886 (Response to Comments).

Using this policy on a claim

Match the documented indication to the covered indications above before the service is scheduled, carry a diagnosis from the article's covered list on the claim line, and keep the elements the documentation section asks for in the record, because the contractor can request it later through medical review. A denial under this policy arrives as CARC 50 with remark N115; the LCD lookup guide walks through the appeal path and the Advance Beneficiary Notice rules, and the Palmetto GBA hub lists every other active policy from the same contractor.

Frequently asked questions

What does LCD L39853 cover?

This LCD outlines the medical necessity requirements for Part A and Part B services in diagnosis and treatment of various mental health disorders and/or diseases. The full indications and limitations are reproduced on this page from the CMS Medicare Coverage Database export of September 24, 2026.

Which states does LCD L39853 apply to?

Palmetto GBA applies it to Medicare claims in AL, GA, NC, SC, TN, VA, WV. A Local Coverage Determination binds only the contractor that wrote it; the same service in another jurisdiction is judged under that contractor's own policy or, where none exists, claim by claim.

Which diagnosis codes support medical necessity under LCD L39853?

The companion billing and coding article A59723 lists 428 ICD-10-CM codes in 1 group that support medical necessity; the first 24 appear on this page and the complete list is in the article on cms.gov.

How do I appeal a denial under LCD L39853?

The remittance carries claim adjustment reason code 50 with remark code N115, naming the LCD. Compare the documented indication with the policy's covered indications and the article's diagnosis list, then file a redetermination within 120 days with the record attached; if the service genuinely falls outside the policy, the patient can be billed only when a valid Advance Beneficiary Notice was obtained before the service.

Sources

Every figure on this page is taken from the CMS publications below, as released by the Centers for Medicare & Medicaid Services. Projection built 2026-10-02. Verify against the primary file before billing or contracting decisions.

Disclaimer

The policy text and code lists are reproduced from the CMS Medicare Coverage Database export as an operational reference. Verify against the current LCD and article on cms.gov before billing; coverage depends on the full record and the contractor. Not legal, clinical or billing advice.