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URLhttps://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.54
Last Crawled2026-04-06 00:08:58 (9 days ago)
First Indexed2023-11-23 10:47:42 (2 years ago)
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Meta TitleeCFR :: 42 CFR 410.54 -- Mental health counselor services.
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§ 410.54 Mental health counselor services. ( a ) Definition: mental health counselor. For purposes of this part, a mental health counselor is defined as an individual who— ( 1 ) Possesses a master's or doctor's degree which qualifies for licensure or certification as a mental health counselor, clinical professional counselor, professional counselor under the State law of the State in which such individual furnishes the services defined as mental health counselor services; ( 2 ) After obtaining such a degree, has performed at least 2 years or 3,000 hours of post master's degree clinical supervised experience in mental health counseling in an appropriate setting such as a hospital, SNF, private practice, or clinic; and ( 3 ) Is licensed or certified as a mental health counselor, clinical professional counselor, professional counselor by the State in which the services are performed. ( b ) Covered mental health counselor services. Medicare Part B covers mental health counselor services. ( 1 ) Definition: Mental health counselor services means services furnished by a mental health counselor (as defined in paragraph (a) of this section) for the diagnosis and treatment of mental illnesses (other than services furnished to an inpatient of a hospital), which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are furnished. The services must be of a type that would be covered if they were furnished by a physician or as an incident to a physician's professional service and must meet the requirements of this section. ( 2 ) Exception. The following services are not mental health counselor services for purposes of billing Medicare Part B: ( i ) Services furnished by a mental health counselor to an inpatient of a Medicare-participating hospital. ( ii ) [Reserved] ( c ) Prohibited billing. ( 1 ) A mental health counselor may not bill Medicare for the services specified in paragraph (b)(2) of this section. ( 2 ) A mental health counselor or an attending or primary care physician may not bill Medicare or the beneficiary for the consultation that is required under paragraph(b)(2) of this section. [ 88 FR 79527 , Nov. 16, 2023]
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Displaying title 42, up to date as of 4/02/2026. Title 42 was last amended 3/12/2026. [view historical versions](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.54) A [drafting site is available](https://drafting.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.54) for use when drafting amendatory language [switch to drafting site](https://drafting.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.54) **Navigate by entering citations or phrases** (eg: 1 CFR 1.1 49 CFR 172.101 Organization and Purpose 1/1.1 Regulation Y FAR). Choosing an item from citations and headings will bring you directly to the content. Choosing an item from full text search results will bring you to those results. Pressing enter in the search box will also bring you to search results. Background and more details are available in the *[Search & Navigation](https://www.ecfr.gov/reader-aids/using-ecfr/navigating-to-content-of-interest#search-navigation)* guide. 1. [Title 42 —Public Health](https://www.ecfr.gov/current/title-42) 2. [Chapter IV —Centers for Medicare & Medicaid Services, Department of Health and Human Services](https://www.ecfr.gov/current/title-42/chapter-IV) 3. [Subchapter B —Medicare Program](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B) 4. [Part 410 —Supplementary Medical Insurance (SMI) Benefits](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410?toc=1) 5. [Subpart B —Medical and Other Health Services](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B?toc=1) 6. § 410.54 - [Previous](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.53) - [Next](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.55) - [Top](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.54#page-top) - Table of Contents ###### Enhanced Content - Table of Contents The in-page Table of Contents is available only when multiple sections are being viewed. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. ###### Enhanced Content - Table of Contents - Details ###### Enhanced Content - Details URL https://www.ecfr.gov/current/title-42/part-410/section-410.54 Citation 42 CFR 410.54 Agency Centers for Medicare & Medicaid Services, Department of Health and Human Services *** [Part 410](https://www.ecfr.gov/current/title-42/part-410) #### Authority: [42 U.S.C. 1302](https://www.govinfo.gov/link/uscode/42/1302), [1395m](https://www.govinfo.gov/link/uscode/42/1395m), [1395hh](https://www.govinfo.gov/link/uscode/42/1395hh), [1395rr](https://www.govinfo.gov/link/uscode/42/1395rr), and [1395ddd](https://www.govinfo.gov/link/uscode/42/1395ddd). #### Source: [51 FR 41339](https://www.federalregister.gov/citation/51-FR-41339), Nov. 14, 1986, unless otherwise noted. ###### Enhanced Content - Details - Print/PDF ###### Enhanced Content - Print [Generate PDF](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.54) This content is from the eCFR and may include recent changes applied to the CFR. 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As a result, it may not include the most recent changes applied to the CFR. [Learn more](https://www.govinfo.gov/help/cfr#about). ###### Enhanced Content - Published Edition - Developer Tools ###### Enhanced Content - Developer Tools Information and documentation can be found in our [developer resources](https://www.ecfr.gov/reader-aids/ecfr-developer-resources). ###### Enhanced Content - Developer Tools ###### eCFR Content The *Code of Federal Regulations* (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the *Federal Register* by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR. [Learn more](https://www.ecfr.gov/reader-aids/understanding-the-ecfr/what-is-the-ecfr) about the eCFR, its status, and the editorial process. ###### Editorial Note on [Part 410](https://www.ecfr.gov/current/title-42/part-410?toc=1) #### Editorial Note: Nomenclature changes to part 410 appear at [62 FR 46037](https://www.federalregister.gov/citation/62-FR-46037), Aug. 29, 1997. #### § 410.54 Mental health counselor services. (a) *Definition: mental health counselor.* For purposes of this part, a *mental health counselor* is defined as an individual who— (1) Possesses a master's or doctor's degree which qualifies for licensure or certification as a mental health counselor, clinical professional counselor, professional counselor under the State law of the State in which such individual furnishes the services defined as mental health counselor services; (2) After obtaining such a degree, has performed at least 2 years or 3,000 hours of post master's degree clinical supervised experience in mental health counseling in an appropriate setting such as a hospital, SNF, private practice, or clinic; and (3) Is licensed or certified as a mental health counselor, clinical professional counselor, professional counselor by the State in which the services are performed. (b) *Covered mental health counselor services.* Medicare Part B covers mental health counselor services. (1) *Definition: Mental health counselor services* means services furnished by a mental health counselor (as defined in [paragraph (a)](https://www.ecfr.gov/current/title-42/section-410.54#p-410.54\(a\)) of this section) for the diagnosis and treatment of mental illnesses (other than services furnished to an inpatient of a hospital), which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are furnished. The services must be of a type that would be covered if they were furnished by a physician or as an incident to a physician's professional service and must meet the requirements of this section. (2) *Exception.* The following services are not mental health counselor services for purposes of billing Medicare Part B: (i) Services furnished by a mental health counselor to an inpatient of a Medicare-participating hospital. (ii) \[Reserved\] (c) *Prohibited billing.* (1) A mental health counselor may not bill Medicare for the services specified in [paragraph (b)(2)](https://www.ecfr.gov/current/title-42/section-410.54#p-410.54\(b\)\(2\)) of this section. (2) A mental health counselor or an attending or primary care physician may not bill Medicare or the beneficiary for the consultation that is required under [paragraph(b)(2)](https://www.ecfr.gov/current/title-42/section-410.54#p-410.54\(b\)\(2\)) of this section. \[[88 FR 79527](https://www.federalregister.gov/citation/88-FR-79527), Nov. 16, 2023\] ###### eCFR Content ## Pages - [Home](https://www.ecfr.gov/) - [Titles](https://www.ecfr.gov/) - [Search](https://www.ecfr.gov/search) - [Recent Changes](https://www.ecfr.gov/recent-changes) - [Corrections](https://www.ecfr.gov/corrections) ## Reader Aids - [Using the eCFR Point-in-Time System](https://www.ecfr.gov/reader-aids/using-ecfr) - [Understanding the eCFR](https://www.ecfr.gov/reader-aids/understanding-the-ecfr) - [Government Policy and OFR Procedures](https://www.ecfr.gov/reader-aids/government-policy-and-ofr-procedures) - [Developer Resources](https://www.ecfr.gov/reader-aids/ecfr-developer-resources) - [Recent Site Updates](https://www.ecfr.gov/reader-aids/ecfr-recent-updates) ## Information - [About This Site](https://www.ecfr.gov/reader-aids/government-policy-and-ofr-procedures/about-this-site) - [Legal Status](https://www.ecfr.gov/reader-aids/government-policy-and-ofr-procedures/about-this-site#legal-status) - [Privacy](https://www.ecfr.gov/reader-aids/government-policy-and-ofr-procedures/privacy) - [Accessibility](https://www.ecfr.gov/reader-aids/government-policy-and-ofr-procedures/accessibility) - [FOIA](https://www.ecfr.gov/reader-aids/government-policy-and-ofr-procedures/foia) - [No Fear Act](https://www.archives.gov/eeo/policy/no-fear-notice.html) - [Continuity Information](https://www.archives.gov/federal-register/contact.html#coop) ## My eCFR - [My Subscriptions](https://www.ecfr.gov/my/subscriptions) - [Sign In / Sign Up](https://www.ecfr.gov/auth/sign_in?jwt=eyJhbGciOiJIUzI1NiJ9.eyJub3RpZmljYXRpb25zIjp7ImluZm8iOiJZb3Ugd2lsbCBiZSByZWRpcmVjdGVkIGJhY2sgdG8gdGhlIGVDRlIgYWZ0ZXIgeW91IGhhdmUgc2lnbmVkIGluIG9yIGNyZWF0ZWQgYW4gYWNjb3VudC4ifX0.-sYkHWfC02yb0CpuUqmPkxxnF0yzlNHaS5520hYIUy8&redirect_to=https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-410/subpart-B/section-410.54)
Readable Markdown
#### § 410.54 Mental health counselor services. (a) *Definition: mental health counselor.* For purposes of this part, a *mental health counselor* is defined as an individual who— (1) Possesses a master's or doctor's degree which qualifies for licensure or certification as a mental health counselor, clinical professional counselor, professional counselor under the State law of the State in which such individual furnishes the services defined as mental health counselor services; (2) After obtaining such a degree, has performed at least 2 years or 3,000 hours of post master's degree clinical supervised experience in mental health counseling in an appropriate setting such as a hospital, SNF, private practice, or clinic; and (3) Is licensed or certified as a mental health counselor, clinical professional counselor, professional counselor by the State in which the services are performed. (b) *Covered mental health counselor services.* Medicare Part B covers mental health counselor services. (1) *Definition: Mental health counselor services* means services furnished by a mental health counselor (as defined in [paragraph (a)](https://www.ecfr.gov/current/title-42/section-410.54#p-410.54\(a\)) of this section) for the diagnosis and treatment of mental illnesses (other than services furnished to an inpatient of a hospital), which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are furnished. The services must be of a type that would be covered if they were furnished by a physician or as an incident to a physician's professional service and must meet the requirements of this section. (2) *Exception.* The following services are not mental health counselor services for purposes of billing Medicare Part B: (i) Services furnished by a mental health counselor to an inpatient of a Medicare-participating hospital. (ii) \[Reserved\] (c) *Prohibited billing.* (1) A mental health counselor may not bill Medicare for the services specified in [paragraph (b)(2)](https://www.ecfr.gov/current/title-42/section-410.54#p-410.54\(b\)\(2\)) of this section. (2) A mental health counselor or an attending or primary care physician may not bill Medicare or the beneficiary for the consultation that is required under [paragraph(b)(2)](https://www.ecfr.gov/current/title-42/section-410.54#p-410.54\(b\)\(2\)) of this section. \[[88 FR 79527](https://www.federalregister.gov/citation/88-FR-79527), Nov. 16, 2023\]
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