Letter of Medical Necessity · NYC

Your psychiatrist can prescribe exercise, sleep, and recovery.

And your HSA or FSA can pay for it. We are a Brooklyn psychiatry practice. When exercise, sleep tech, or somatic therapy is part of your treatment for ADHD, depression, anxiety, or a metabolic condition, we write the clinical documentation the IRS requires.

Curated by Dr. Ahmed Al-Katib, MD · Board-Certified Psychiatrist (ABPN) · Brooklyn, NY

What you would actually save

We use the conservative version of this math. Move the slider to your real numbers. If the savings do not clear our $199 fee, we will tell you. This service is not for everyone.

Eligible spend $3,000
Tax savings · spend × rate $1,080
Protocol fee · once per year −$199
Net annual savings $881

The math: tax savings = annual eligible spend × your marginal combined rate (federal + NY State + NYC). Net savings = tax savings − $199 protocol fee. We use combined marginal brackets approximated for NYC residents in 2025. Your actual rate may differ. This is not tax advice.

How this is different from the LMN websites

There are a handful of services that will sell you a Letter of Medical Necessity online for $30 to $150. They are a real product.

They also are not the same as what we do, and the difference matters when an HSA administrator pushes back or your accountant asks who signed the letter.

 Psychiatry in MotionOnline LMN servicesGeneric telehealth
Who signs your LMNBoard-certified psychiatrist (ABPN), same doctor every timeContracted clinician you may never meetWhichever provider is on shift
How the LMN is builtFrom a real clinical encounter and a documented ICD-10 diagnosisForm-based; often a templated rationaleBrief consult; rarely diagnosis-specific
Clinical specialtyPsychiatry. The conditions LMNs cover (ADHD, depression, anxiety, sleep) are our specialty.Mixed; clinician may not specialize in your conditionGeneral; usually not a specialist
State licensureNY, FL, NJ direct. Out-of-state patients routed to vetted colleagues.Varies by provider; some are not licensed in your stateVaries
If your HSA admin rejectsWe revise the LMN free for 12 months. If still rejected, $199 refund.Refund policies vary; revision often costs extraUsually no recourse path
If you actually need treatmentWe treat you. Insurance-based or self-pay clinical care available.Out of scopeOut of scope or limited
Annual cost$199 LMN year + optional clinical care$30 to $150 per letter$50 to $200 per visit
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How the process actually works

Diagnosis first. Treatment plan second. Documentation third. In that order — because that is the order the IRS requires.

01

Clinical encounter

You meet with Dr. Al-Katib. We screen for ADHD, depression, anxiety, metabolic dysfunction, sleep disorders, chronic pain — whatever applies. This is real medicine, not paperwork.

02

Diagnosis and plan

If you have a diagnosable condition that exercise, sleep tech, or somatic therapy can treat, that goes in the treatment plan. If you do not, we tell you, and you save the $199.

03

Letter of Medical Necessity

We write the LMN with the ICD-10 code, the specific item, the clinical rationale, and the dose or duration. One letter per eligible item, signed and dated, valid for one tax year.

04

HSA or FSA submission

You submit your receipt plus our LMN to your HSA or FSA administrator. They reimburse you. We do not touch your purchases or your benefits portal.

If your HSA, FSA, or the IRS pushes back

The honest version. Most LMNs from a board-certified specialist sail through. A small percentage get questioned. Here is exactly what happens in each case and what we do about it.

The legal basis we are working from

Internal Revenue Code §213 defines a “medical expense” as an amount paid for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body.

IRS Publication 502 lists eligible categories and explicitly notes that otherwise-personal items become medical when a physician prescribes them for a specific condition.

Your LMN ties a specific item to a specific ICD-10 coded diagnosis from your encounter. That is the link the IRS asks for. It is not novel. It is how the law has worked since the §213 regulations were written.

Sources: 26 U.S.C. §213(d) · IRS Pub. 502 (current revision)

What you keep on file

Keep these three things together for at least three tax years (the standard IRS look-back window for §213 expenses):

  • The signed LMN we issued, with the ICD-10 code and the prescribed item
  • Your dated receipt or invoice for the item
  • A copy of your visit note or after-visit summary documenting the diagnosis

We provide the first two. Your encounter summary lives in your patient chart and we will send a copy on request.

If your HSA or FSA administrator rejects

The most common reasons are: missing item-specific rationale on the letter, an expired LMN (most administrators consider an LMN valid for one tax year), the administrator interpreting an item as ineligible despite a valid LMN, or a clerical issue with how the claim was filed.

Forward us the rejection notice. We revise the LMN at no charge for 12 months from your visit. If the administrator still rejects after revision, we refund your $199 protocol fee in full. You keep the visit and the chart documentation.

If the IRS audits the expense

An IRS audit of an HSA or §213 expense almost always asks one question: did a licensed clinician prescribe this for a documented medical condition? If you can produce the LMN, the receipt, and the visit documentation, that answer is yes.

We are happy to confirm in writing to your accountant or to the IRS that we issued the LMN, the diagnosis it referenced, and the clinical reasoning.

We cannot represent you in an audit; that is your accountant or tax attorney. But the documentation we produce holds up because it came from a board-certified psychiatrist, not a template.

What can be prescribed

Each protocol below maps to a real diagnosis. We will not write an LMN for an item that is not clinically indicated for a condition you actually have. Full citations in Phase 3.

Treats · ADHD, Depression, Obesity

Movement

Exercise has Level A evidence for ADHD symptom reduction and is first-line adjunct for major depressive disorder.

Gym membership Personal training Peloton Tonal

Brand examples shown. LMN is valid for any qualifying vendor. If you click through to a vendor named here, we may earn a modest affiliate commission, which does not affect your LMN eligibility, the encounter, or your pricing.

Treats · Insomnia, Sleep-Related ADHD

Recovery and Sleep

Sleep tech with documented use for insomnia management or sleep-disordered breathing screening is eligible when prescribed.

Eight Sleep Oura Ring Whoop CPAP supplies

Brand examples shown. LMN is valid for any qualifying vendor. If you click through to a vendor named here, we may earn a modest affiliate commission, which does not affect your LMN eligibility, the encounter, or your pricing.

Treats · Chronic Pain, Anxiety

Somatic therapy

Pilates, yoga, chiropractic, acupuncture are HSA eligible when treating chronic back pain, anxiety disorders, or post-injury rehabilitation per IRS Pub 502.

Pilates Yoga therapy Chiropractic Acupuncture

Brand examples shown. LMN is valid for any qualifying vendor. If you click through to a vendor named here, we may earn a modest affiliate commission, which does not affect your LMN eligibility, the encounter, or your pricing.

Treats · Anxiety, Muscle Tension

Bodywork

Massage therapy is one of the most clearly established HSA-eligible treatments under Pub 502 when prescribed for a documented condition.

Massage therapy Physical therapy Cupping Stretch labs

Brand examples shown. LMN is valid for any qualifying vendor. If you click through to a vendor named here, we may earn a modest affiliate commission, which does not affect your LMN eligibility, the encounter, or your pricing.

The clinical basis, in ICD-10 codes

Every LMN we write is tied to a specific ICD-10 coded diagnosis from your encounter. Below are the conditions we most often document, the protocols that are evidence-based for each, and the literature behind them.

ICD-10 · F33

Major depressive disorder, recurrent

Eligible protocols: structured aerobic and resistance exercise; light therapy; sleep regulation tools; mindfulness-based movement.

Schuch FB et al. (2016). Exercise as treatment for depression: a meta-analysis adjusting for publication bias. J Psychiatr Res, 77, 42-51. · Cooney GM et al. (2013). Exercise for depression. Cochrane Database Syst Rev.

ICD-10 · F41.1

Generalized anxiety disorder

Eligible protocols: somatic therapy (yoga, pilates); regular aerobic exercise; massage therapy as adjunct; acupuncture as second-line.

Stubbs B et al. (2017). An examination of the anxiolytic effects of exercise. Psychiatry Res, 249. · Cramer H et al. (2018). Yoga for anxiety: systematic review and meta-analysis.

ICD-10 · F90.0 / F90.1

ADHD, inattentive and hyperactive-impulsive

Eligible protocols: structured aerobic exercise (regulates dopamine and executive function); resistance training; sleep tracking and optimization where sleep disturbance is documented.

Cerrillo-Urbina AJ et al. (2015). The effects of physical exercise in children with ADHD. Child Care Health Dev. · Halperin JM et al. (2014). Neurodevelopmental perspectives on ADHD interventions.

ICD-10 · G47.00

Insomnia, unspecified

Eligible protocols: sleep tracking technology (rings, mattresses with thermal regulation); CBT-I delivery tools; blackout and sound-isolation environment modifications.

Qaseem A et al. (2016). Management of chronic insomnia disorder in adults: American College of Physicians clinical practice guideline. Ann Intern Med, 165.

ICD-10 · E66.9 / E11.9

Obesity and type 2 diabetes

Eligible protocols: gym membership; personal training; continuous glucose monitoring (now OTC); medical nutrition therapy delivery.

ADA Standards of Medical Care in Diabetes (2024). Lifestyle management section. · Knowler WC et al. (2002). NEJM Diabetes Prevention Program.

ICD-10 · M54.5

Low back pain and related musculoskeletal

Eligible protocols: pilates instruction; therapeutic yoga; chiropractic care; physical therapy; massage therapy.

Qaseem A et al. (2017). Noninvasive treatments for acute, subacute, and chronic low back pain: ACP clinical practice guideline. Ann Intern Med, 166.

Eligibility depends on whether you have one of these diagnoses, and whether the proposed protocol is clinically indicated for your specific presentation. The encounter determines both. This page does not establish a doctor-patient relationship; full citations are available from the literature databases noted.

What we will not write an LMN for

The fastest way to know we are not running a tax-hack site is the list of things we say no to. We turn down requests every week. Better to read this now than to pay $199 and find out at the encounter.

If any of these describe your situation, we are not the right fit

The rule is simple. An LMN documents a medical treatment for a diagnosed condition. When the diagnosis or the treatment link is not there, the documentation is not honest, and we will not write it.

  • You want an LMN for an item but have no diagnosed condition the item treats.
  • You want one global LMN to cover any wellness expense for the year (no such instrument exists).
  • The item is for general wellness, fitness optimization, or biohacking with no clinical indication.
  • The item is for a spouse or dependent not on your tax return and not in your HSA’s eligible pool.
  • You want an LMN dated retroactively for last year’s spending. We do not backdate documentation.
  • The item is on the IRS exclusion list (cosmetic procedures, vitamins for general health, most over-the-counter products without a separate condition).
  • You are looking for an LMN-only relationship and not interested in any actual clinical care. We will refer you to an online LMN service instead.
  • The diagnosis you want documented does not match what your encounter shows. The encounter determines the diagnosis, not the other way around.

Why I built this part of the practice

From Dr. Al-Katib.

Dr. Ahmed Al-Katib

Dr. Ahmed Al-Katib, MD

Board-Certified Psychiatrist · ABPN · Founder

Years into treating burnout, ADHD, and anxiety in NYC professionals, a pattern was hard to miss. Patients who got better did not just take a pill. They moved. They slept. They built recovery routines. They paid for trainers, sleep tech, pilates, massage, sauna time — sometimes the equivalent of a second rent — and they paid for it with money that had already been taxed.

Meanwhile, the IRS already considered most of these things medical treatment when prescribed for a diagnosis. The mechanism was right there in Publication 502. The thing missing was the prescription. So we started writing them. Real ones, tied to real diagnoses, from a real psychiatric encounter.

I want to be honest about what this is. This is not a hack. It is paperwork the law already allows when treatment includes things outside the pharmacy. If exercise is part of how we are treating your ADHD or your depression, that should be reflected in your record, and you should be allowed to pay for it the same way you would pay for any other medication.

I also want to be honest about what this is not. If you do not have a condition we are treating, we will not invent one to write a letter.

If your gym membership is for fitness and you are otherwise well, the LMN is not for you, and the $50 templated version from an online service may be a better match for what you actually want. We say no often. That is what makes the yeses defensible.

If you have ADHD, depression, anxiety, a metabolic condition, a sleep disorder, or chronic pain, and your treatment includes any of the items on our formulary, this protocol exists for you. Take the 60-second screener. We will tell you in plain terms whether you qualify.

134 Broadway, Floor 4 · Brooklyn, NY 11249 · Direct care in NY, FL, NJ

The questions accountants and benefits admins actually ask

Plain-English answers covering eligibility, mechanics, edge cases, and what to do if something goes wrong.

Is massage, pilates, or a gym membership actually HSA eligible?

Yes, with conditions. Under IRS Publication 502, services like massage therapy, acupuncture, pilates, and gym memberships are eligible medical expenses when prescribed in writing by a licensed clinician to treat a specific diagnosed medical condition. The LMN is what makes the expense eligible. Without it, the IRS considers the expense personal and disallows it.

What exactly is your role in the process?

Our role is the clinical encounter and the documentation that comes out of it. You meet with Dr. Al-Katib. If you have a diagnosable condition and a treatment plan that includes one of the items on our formulary, we issue the LMN.

We do not handle your purchases. We do not submit anything to your HSA administrator. We do not receive any of your reimbursement. Your benefits relationship stays between you and your plan.

What happens if my HSA administrator rejects the claim?

It is uncommon when an LMN is on file, but it does happen. The most frequent reasons are missing the item-specific clinical rationale, an outdated LMN (LMNs are typically valid for one tax year), or an item the administrator interprets as personal-use even with prescription.

If yours is rejected, we will revise the letter at no charge for up to 12 months from the original visit. If the administrator still rejects after revision, we refund the $199 protocol fee.

Is this tax avoidance?

No. Tax avoidance and tax evasion are not what this is. Section 213 of the Internal Revenue Code explicitly allows medical expenses, including doctor-prescribed treatments, to be paid with HSA or FSA dollars or itemized.

Exercise, sleep technology, and somatic therapy are well-established medical treatments for the conditions we treat. The IRS requires documentation. We provide the documentation when it is clinically appropriate. When it is not, we tell you, and we do not write the LMN. That is the entire structure.

Does the LMN work for FSA, HSA, both, and what about HRAs?

The same LMN works for HSA, FSA, and most HRAs. The underlying eligibility standard (§213 medical expense) is the same across all three. A few HRAs have plan-specific exclusions on top of the IRS list — those are set by your employer’s plan document, not by the IRS. If your HRA rejects an item your HSA would approve, that is a plan-design limitation, not an LMN problem.

Can I get an LMN dated retroactively for last year’s gym membership?

No. Documentation has to be contemporaneous with the encounter and the treatment plan. We will not backdate an LMN.

If you saw us this year and have already paid for eligible items this same tax year, the LMN can cover those expenses up to your visit date and forward — many HSAs accept reimbursement for the current tax year if the LMN is signed before you file. Last year’s expenses are closed.

How long is an LMN valid?

Most administrators treat an LMN as valid for one tax year from the date of signing. A recurring condition (chronic ADHD, treatment-resistant depression, chronic low back pain) typically warrants annual renewal. A few administrators accept multi-year LMNs for stable chronic conditions. We renew at the annual encounter if clinically appropriate.

Do I need a new LMN every year?

For the same condition and same items, an annual renewal at your follow-up encounter is standard practice. If your condition resolves or changes, the LMN does not auto-renew. If you add a new item to your protocol mid-year (say, you start pilates after only being on the gym list), that addition needs its own item-specific rationale.

What if I switch employers mid-year?

The LMN follows you. It documents a clinical relationship between you and Dr. Al-Katib, not your employer. HSAs are individually owned and portable. FSAs and HRAs belong to your old employer’s plan and typically end with the employment. If your new plan is also HSA or FSA eligible, the same LMN works for the rest of the tax year.

Can my spouse or dependents use my LMN?

No. An LMN documents your diagnosis and your treatment. Family members who want HSA reimbursement for their own eligible expenses need their own encounter and their own LMN if their item requires one. The exception is that family members on your HSA can use the account for their own §213-eligible expenses that do not require an LMN (most prescription medications, doctor visits, etc.).

What about expenses partially covered by insurance?

HSAs cover your out-of-pocket portion — copays, coinsurance, expenses your insurance denied as out-of-network. If insurance paid in full, there is no HSA-eligible balance for that expense. If you used insurance for a $200 PT visit and your copay was $40, the $40 is HSA-eligible. The LMN matters for items insurance does not normally cover (gym, sleep tech, pilates) where the LMN is what unlocks eligibility in the first place.

Will my employer or HR see the diagnosis on my LMN?

No. The LMN goes to your HSA or FSA administrator, not your employer’s HR department, even when HR sponsors the plan. Administrators are bound by federal privacy rules — they cannot share the medical detail with the employer. What HR sees is that you submitted an eligible expense and what plan account it came from. They do not see the condition.

What if I move out of NY, FL, or NJ?

We are licensed to practice in NY, FL, and NJ. If you move to a state we are not licensed in, we cannot continue prescriptive care from a distance. We will refer you to a vetted colleague in your new state if you want continuity, and your existing LMN remains valid through its expiration date for expenses incurred during the period it covered.

What item gets rejected most often, and what should I avoid?

The most-rejected category in our experience is broadly worded “wellness” items where the clinical rationale on the LMN is too generic. Sleep tracking devices for someone without a sleep disorder diagnosis. Gym memberships for someone with no metabolic or psychiatric indication. We avoid this by tying each item to a specific ICD-10 coded diagnosis and a specific clinical rationale before the letter is signed.

How is this different from a Health Reimbursement Arrangement (HRA)?

An HRA is an employer-funded benefit account that reimburses qualifying medical expenses. The IRS eligibility standard for an HRA is the same as for an HSA or FSA (§213), so the same LMN you would use for an HSA generally works for an HRA. The difference is who owns the account and the specific exclusions your employer chose to include in their plan document.

Annual protocol fee $199

Includes the clinical encounter, one Letter of Medical Necessity for each qualifying item, and revision support for one tax year.
If your situation does not qualify, you are not charged.

Start the 60-second screener

Psychiatry in Motion · 134 Broadway, Floor 4, Brooklyn, NY 11249 · (646) 347-6704 · hello@psychiatryinmotion.com

In a mental-health crisis? Call or text 988 — free, confidential, 24/7.

Medical disclaimer: Information on this page is educational. Viewing this page does not establish a doctor-patient relationship. A Letter of Medical Necessity is issued only after a clinical encounter and only when clinically indicated.

Tax disclaimer: We are a medical practice, not a tax advisor. Tax outcomes depend on your individual circumstances, plan rules, and IRS interpretation. Consult your accountant. This page is not tax advice.

Affiliate disclosure: Brand names referenced on this page (Equinox, Eight Sleep, Oura, Peloton, Whoop, Tonal, and others) are examples of products and services that may be eligible when clinically prescribed. We may receive affiliate compensation from some vendors if you choose to purchase through links we share. This does not affect LMN issuance, pricing, or clinical decisions.

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