1. (a) Intensive outpatient services are services that—

   1. (1) Are reasonable and necessary for the diagnosis or active treatment of the individual's condition;
   2. (2) Are reasonably expected to improve or maintain the individual's condition and functional level and to prevent relapse or hospitalization;
   3. (3) Are furnished in accordance with a physician certification and plan of care as specified under § 424.24(d) of this chapter; and

   4. (4) Include any of the following:

      1. (i) Individual and group therapy with physicians or psychologists or other mental health professionals (including substance use disorder professionals) to the extent authorized under State law.
      2. (ii) Occupational therapy requiring the skills of a qualified occupational therapist, provided by an occupational therapist, or under appropriate supervision of a qualified occupational therapist by an occupational therapy assistant as specified in part 484 of this chapter.
      3. (iii) Services of social workers, trained psychiatric nurses, and other staff trained to work with psychiatric patients (including patients with substance use disorder).
      4. (iv) Drugs and biologicals furnished for therapeutic purposes, subject to the limitations specified in § 410.29.
      5. (v) Individualized activity therapies that are not primarily recreational or diversionary.
      6. (vi) Family counseling, the primary purpose of which is treatment of the individual's condition.
      7. (vii) Patient training and education, to the extent the training and educational activities are closely and clearly related to the individual's care and treatment.
      8. (viii) Diagnostic services.

2. (b) The following services are separately covered and not paid as intensive outpatient services:

   1. (1) Physician services that meet the requirements of § 415.102(a) of this chapter for payment on a fee schedule basis.
   2. (2) Physician assistant services, as defined in section 1861(s)(2)(K)(i) of the Act.
   3. (3) Nurse practitioner and clinical nurse specialist services, as defined in section 1861(s)(2)(K)(ii) of the Act.
   4. (4) Qualified psychologist services, as defined in section 1861(ii) of the Act.
   5. (5) Services furnished to SNF residents as defined in § 411.15(p) of this chapter.

3. (c) Intensive outpatient programs are intended for patients who—

   1. (1) Require a minimum of 9 hours per week of therapeutic services as evidenced in their plan of care;
   2. (2) Are likely to benefit from a coordinated program of services and require more than isolated sessions of outpatient treatment;
   3. (3) Do not require 24-hour care;
   4. (4) Have an adequate support system while not actively engaged in the program;
   5. (5) Have a mental health or substance use disorder diagnosis;
   6. (6) Are not judged to be dangerous to self or others; and
   7. (7) Have the cognitive and emotional ability to participate in the active treatment process and can tolerate the intensity of the intensive outpatient program.

[88 FR 82177, Nov. 22, 2023]