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NYSABA Statement on the Use of Ethical Behavior Analysis Across Service Modalities

Posted: 06/11/2026
 

The New York State Association for Behavior Analysis (NYSABA) advocates for the science, practice, and growth of our field, supports professional development, and promotes the use of culturally responsive, evidence-based practices to protect the diverse populations we serve in our state.   ​

Although Applied Behavior Analysis (ABA) can be delivered across varied settings and diagnoses, ABA services delivered to autistic children have gained a great deal of attention in the media recently. This attention has put a spotlight on Medicaid-billed services at the national level, and state Medicaid directors are focused on identifying numerous strategies to control - if not reduce - state spending for ABA. NYSABA recognizes this as an opportunity to acknowledge the trust that clients, colleagues, and the broader community place on behavior analytic professionals. Maintaining that trust requires each of us to uphold the highest ethical standards in our daily practice. 

Board Certified Behavior Analysts are bound by the Behavior Analysis Certification Board’s (BACB) code of ethics. Our core principles guide the BACB’s code of ethics: 1. Benefit Others, 2. Treat Others with Compassion, Dignity and Respect, 3. Behave with Integrity, and 4. Ensure Competence. In following these core principles, NYSABA urges individuals practicing in New York State to review their ethical responsibility to their clients, families, and employers.

In New York, a DSM-5 diagnosis and a prescription are required for an individual to receive direct ABA treatment. Please note that funders may require additional documentation, and it is the behavior analysts’ responsibility to be aware of those requirements (BACB Ethics Code 1.02). Once a year, as required by the NYS education law, a Licensed Behavior Analyst (LBA) must send a status report to the provider who prescribed ABA to the client. A template for this report can be found on NYSABA’s website here

After receiving a referral to deliver direct ABA services to a client, a behavior analyst is responsible for assessing that client’s level of need for services. This work may include a skills assessment, a functional behavior assessment, a functional analysis, caregiver/stakeholder interviews, client reviews, and records review (BACB Ethics Code 2.13). Only after thoroughly assessing the client’s needs should a behavior analyst recommend treatment dosages (BACB Ethics Code 2.14). Treatment dosages should be determined after completing an assessment of needs and never be predetermined by an employer, a supervisor, a family member, a behavior analyst, or the funder (BACB Ethics Code 3.12). 

In all settings, a behavior analyst must evaluate the effectiveness of their treatment (BACB Ethics Code 2.18) and make appropriate changes to the treatment plan, including treatment dosage, as necessary based on treatment data. It is the behavior analyst’s responsibility to supervise Certified Behavior Analyst Assistants (CBAAs) and behavior technicians (unlicensed personnel), and to document that supervision accordingly. Medicaid has issued guidance on the frequency of supervision for certified and unlicensed personnel, as well as supervisee maximums (6) per LBA, which are written in the ABA Medicaid manual

NYABA urges all members to review the full BACB Ethics Code, funder-specific manuals (i.e., NYS ABA Medicaid Manual), Article 167 of the Education Law, and any other necessary documents to ensure members comply with all ethically bound requirements. 

NYSABA supports the ethical delivery of ABA and will continue to advocate for system-wide changes to promote the use of ethical ABA across clients and settings, regardless of service funder or system.


 

ABA Medicaid Update 

Posted: May 30, 2026

Dear NYSABA Members,
 
It is with a very heavy heart that we report that the cuts to Medicaid applied behavior analysis were included in the enacted budget.  
 
Despite the strong support for ABA in both houses of the legislature, the enacted budget includes a Medicaid rate cut to providers valued at $13.7 million for the 2026-27 fiscal year. The budget does not include the proposal to create a Center of Excellence designation for providers. 
 
NYSABA’s Public Policy Committee, in partnership with the Council of Autism Services Providers, offered a lengthy set of administrative actions that could strengthen the Medicaid ABA benefit, promote provider integrity and ensure that resources are dedicated to medically necessary ABA services. Sadly, none of those recommendations were incorporated into the budget.
 
All across the country, states are concerned with the significant increases in Medicaid spending for ABA services. We expect that reform measures for Medicaid ABA will be the focus of conversations in New York as well. NYSABA will continue to represent the voices and concerns of providers and families in New York who support and rely on the ethical delivery of ABA, and we will continue to advance proactive solutions for protecting Medicaid resources.
 
The Legislature’s support for ABA and its response to the Governor’s budget cuts demonstrates strong support for the children and families receiving ABA services and even though this was not the outcome that we had hoped for, our legislators deserve our thanks. We encourage you to contact your representatives in the Senate and the Assembly to thank them for their tremendous support of ABA. Please thank your legislators for listening and for standing up for children and families. 
 
From the beginning, NYSABA has communicated to the Legislature, to the Governor’s office, and to the Department of Health that we support initiatives that ensure and promote provider integrity. We will continue to carry that message forward.  
 
Please reach out to the Public Policy Committee at [email protected] if you have questions about the enacted budget and next steps.
 
NYSABA's Public Policy Committee