Legislative Efforts & Advocacy Recap: July 2022

Illinois

The Illinois legislature has passed HB4769 which was intended to allow Medicaid beneficiaries to access Applied Behavior Analysis by providing a license for BCBA’s. The legislation, however, was amended and includes language that would eliminate the corporate practice of medicine for ABA providers. This would essentially mean that ABA companies not owned by a BCBA could not operate. There is currently not a work around and this would be detrimental to the autism community in Illinois. We encourage providers to contact their local Senator and House members as well as the Governor’s office to express the need to amend this language to ensure autistic individuals can continue to receive life changing services. 

Georgia

The Governor has singed HB412 into law that will require BCBAs in Georgia to be licensed by the state to practice Applied Behavior Analysis. There are a few exemptions that can be found in the link to the bill language below. The law will go into effect July 2023, and BCBAs will not need to be licensed prior to this date. During the interim, the Governor will appoint the licensure board and the board will develop specific policies related to the licensure. The requirements to be licensed according to the bill are an active BCBA certification and background check.

For questions regarding HB412 please email [email protected].

New York

Currently in New York, A10454/S9402 which relates to requirements for licensure and certification of Applied Behavior Analysis has passed the Senate and the Assembly and is awaiting the Governor’s signature. It is important that this bill is signed quickly as this delay is causing significant issues with newly certified BCBA’s in New York and delaying access to care for autistic individuals waiting for services. 

Federal Policy

BHCOE is a member of the National Coalition for Access to Autism Services (NCAAS). This organization serves to advocate for access to care for autism services for federally funded programs such as Tricare and Medicaid. NCAAS has been advocating for CMS to include ABA codes permanently on the Medicare Telehealth list. Last week NCAAS provided information that “CMS is proposing to add the ABA codes to the “Category 3” telehealth list which generally contains codes that were newly added during the pandemic and likely are effective, however CMS thinks more evidence is needed so this temporary placement will allow time to gather that evidence. Codes on the Category 3 list will remain in effect through the end of CY 2023 regardless of when the public health emergency ends. While this is still is only in the proposal stage, it is a big accomplishment for NCAAS.”  For more information on the work that NCAAS members are doing, visit their website.

As always, we welcome your input on important legislation and policy happening in your state and how we all can work together to support the increase to quality ABA for individuals with autism.  

 

Best,
BHCOE Government Relations

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