N.Y. Comp. Codes R. & Regs. tit. 10 § 85.32

Current through Register Vol. 46, No. 50, December 11, 2024

Section 85.32 - Social work

(a) Social work services may be provided by a social worker, practicing under the direct supervision of a qualified psychiatrist in private practice as part of a course of treatment provided by the supervising psychiatrist.

(b) For purposes of this section, the term social worker shall mean a person authorized pursuant to the Education Law to use the title "certified social worker."

(c)

(1) A social worker may provide services only under the continuing direct supervision of a qualified psychiatrist. Such supervision must include regular communication and consultation between the social worker and the supervising psychiatrist, but shall not be construed as requiring the physical presence of the supervising psychiatrist at the time the services are being performed by the social worker. The number of social workers supervised by the supervising psychiatrist shall not exceed four.

(2) Duties and responsibilities performed by the social worker must be assigned to him by the supervising psychiatrist, within the scope of practice of the supervising psychiatrist, and appropriate to the education, training and experience of the social worker.

(3) The provision of services by a social worker must be preceded by the completion of a diagnostic evaluation of the patient by the supervising psychiatrist.

(4) The supervising psychiatrist shall be responsible for developing an overall treatment plan which integrates the social worker's study of the patient, and describes the services to be provided by the social worker.

(5) When enrolling in the medical assistance program, a supervising psychiatrist must provide the Department of Social Services with the names of any social workers for whose services he may bill.

(d) The services provided by the social worker may include the following:

(1) the taking of a social history, if taken during an office visit, which shall include all relevant information useful to the patient's treatment;

(2) making relevant visits to the patient's home and family to assure the efficacy of the supervising psychiatrist's treatment plan;

(3) counselling the patient, if counselling is done during an office visit;

(4) conducting group therapy sessions, if conducted during an office visit;

(5) submitting regular reports to the supervising psychiatrist which will keep him informed of any changes in the patient's circumstances or condition which may influence the outcome of the patient's treatment. The reports shall be retained by the supervising psychiatrist and incorporated into the patient's medical record as required to be maintained pursuant to section 85.29 of this Part.

(e) Payment and reimbursement.

(1) Payment for social work services performed by a social worker shall be made only to the supervising psychiatrist. Social workers may not bill independently for their services.

(2) State reimbursement for social work services performed by a social worker shall be limited by the maximum reimbursable fees for such services.

(3) Claims submitted by a supervising psychiatrist for social work services performed by a social worker must include the name of the social worker providing such services.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 85.32