Legislative UpdatesABA Medicaid UpdateFebruary 12, 2025
Dear NYSABA Members, First, thank you all for taking time to reach out to your legislators about the Governor’s budget cut to Medicaid ABA Services. The Legislature’s review of the Governor’s budget is well underway, and we will need your help several more times over the next month to convince legislators to reject the proposed cut to Medicaid ABA Services by $9.6 million. Yesterday, the Commissioner of Health, James McDonald, testified at the Joint Legislative Health Budget Hearing. When questioned about the cut by Assembly Member Andrew Hevesi (D-Forest Hills, Queens), the Commissioner explained that the Medicaid cut will be achieved by reducing the unlicensed personnel rate to $38.50, resulting in the lowest ABA rate nationwide. Much later in the day, Maureen O’Grady testified on behalf of NYSABA at the same hearing. It enabled her to provide a rebuttal to the Commissioner’s comments earlier in the day. Maureen testified that reducing the rate paid to unlicensed personnel (i.e. behavior technicians) will create an unsustainable situation. She explained to committee members that New York has been utilizing a blended rate for all ABA codes, which helps compensate for the cost of the Licensed Behavior Analyst. The rates will no longer be sustainable if they are uncoupled. Reducing the unlicensed personnel rate to the extent it is the lowest in the country, while simultaneously not increasing the LBA rate, will set up Medicaid ABA programs in New York to fail. Today, we are circulating her oral remarks as well as the full NYSABA testimony to members of the health committee. As all of you know full well, New York was the 49th state to cover ABA under its Medicaid program. We advocated for years to secure Medicaid support for ABA services so that providers would be encouraged to enroll in the New York Medicaid program. Legislators must understand that a cut to the Medicaid program so soon would be a devastating step in the wrong direction.
Friday is the first deadline for legislators to register their budget priorities and concerns with the Senate Majority Leader and Assembly Speaker. After this week, NYSABA will send out additional guidance and advocacy instructions for the upcoming weeks. Also we would encourage everyone to join us in Albany on March 3 and 4. NYSABA will be organizing legislative meetings on March 3 and 4 and conducting a member briefing on Tuesday morning.
Thank you again for your support and efforts to date to defeat this immensely deleterious Medicaid budget cut. Please direct any questions to: [email protected] . Further instructions will be provided in the coming days. We appreciate your partnership on this important issue.
Sincerely, Maureen O’Grady, BCBA, LBA and Deborah Napolitano, PhD, BCBA-D, LBA Public Policy Committee
Links:
NYS CALL TO ACTION!The Governor’s budget reduces Medicaid spending for Applied Behavior Analysis services by $9.6 million. This cut will lead to a direct reduction in life-changing services that support children and adults with autism and other intellectual and developmental disabilities. We need to act quickly to inform the legislature that we reject these cuts! If possible, please send the general letter AND either the provider or parent/caregiver letter. Actionnetwork - Can send a letter through Actionnetwork https://actionnetwork.org/letters/reject-governor-hochuls-proposed-cuts-to-medicaid-aba General Letter for All: Parents and Caregivers: ABA Provider Letter: https://actionnetwork.org/letters/e14acd5580a98adf04d9fb9ed0b6e5c5e862f7d3?source=direct_link&
Early Intervention UpdatesNYSABA’s Public Policy Committee met with the Early Intervention Program staff recently to discuss updates relating to the inclusion of LBAs and CBAAs in the program. The Public Policy Committee would like to share the following updates with NYSABA members. Please be sure to read each update carefully.
Please see the attachments for more information about accessing the EI-Hub.
Graduate PermitPosted 5/27/24 Important Update: The NYSABA public policy committee recently met with the New York State Executive Board Secretary for Applied Behavior Analysis and would like to share the following update. Based on changes to the licensure law and subsequent updates to regulations in 2023, the State Education Department has established a “graduate permit” that replaces the limited permit for most licensure candidates. If you are a graduate of an acceptable program and you are performing activities and services in New York State to complete supervised experience and/or examination requirements for certification by the Behavior Analysis Certification Board, you must obtain a graduate permit. A graduate permit authorizes practice of applied behavior analysis in New York State under the supervision of a New York State licensed behavior analyst. (This assumes that you are not practicing under one of the other exemptions in Education Law.) You may apply for a graduate permit by submitting the graduate permit application form and fee of $10. If you change supervisors or have additional supervisors after a permit is issued, you must obtain a re-issued permit. You and each supervisor must complete a new graduate permit application for each prospective supervisor and return it to the Office of the Professions. A new fee is not required for a permit issued as a result of a change in supervisor. Graduate permits expire three years from the date of issue. What Are “Acceptable” Education Programs?
Graduate Permit Application Forms:
I Am an ABA Student in New York. What About Me? Students accruing practice hours and/or fieldwork hours in New York, regardless of the location of the education program’s institution of higher education may do so under the student practice exemption only under the supervision of a New York Licensed Behavior Analyst. In addition, they must be in an acceptable program. An acceptable program is:
All practice exemptions, including the provision for qualifying students, are defined under section 8807 of Education Law. More Information on New York Licensure Pathways Please visit the State Education Department website. For specific questions you can contact NYSED or NYSABA.
All practicing and aspiring Licensed Behavior Analysts in New York:Posted 5/27/24 The New York State Education Department (NYSED) updated its Mandated Reporter Training Requirements, requiring a new version of the Child Abuse Identification training taking effect in April 2025. The training is currently being offered for free. Please see the Office of Children and Family Services website for details.
NYS Annual Prescriber FormPosted 4/7/24; Updated 6/22/24 Chapter 818 of the Laws of 2021 (818) became effective June 30, 2023 and allows Licensed Behavior Analysts to provide ABA services to any person with a diagnosis in the DSM-V, not just autism spectrum disorder. As per this law, the licensed behavior analyst is required to report to the prescribing licensed professional on an annual basis. Failure to report to the prescriber on an annual basis is considered professional misconduct. NYSABA has developed a form that can be used to submit this report to the provider. This one page form has been developed in collaboration with Dr. Dennis Kuo, a developmental pediatrician, and feedback was obtained from other prescribers. The requirement to report to the prescriber is a great opportunity for LBAs to disseminate information regarding the efficacy of ABA services. The form is attached below.
You can find instructions for the form HERE. Our newly updated FAQ's regarding this form can be found HERE. Important Legislative Action! NYS Department of Health Administrative Proposals Regarding Early InterventionPosted 4/7/24 NYSABA shares CASP and ACTS concerns about the proposed changes to Early Intervention that could impact the delivery of ABA services. Please click the following link to tell your legislators that you oppose these changes: https://oneclickpolitics.global.ssl.fastly.net/messages/edit?promo_id=22206 Attached is our official statement: State Education Department Update - Guidance on Unlicensed ProfessionalsUpdated 9/27/23 NYSABA would like to thank our Public Policy Committee for advocating for and working collaboratively with the State Education Department (SED) to help resolve a long-standing issue. Yesterday, SED released its long-awaited guidance on the use of unlicensed personnel in the ABA tiered service delivery model. We would like to thank CASP and Autism Speaks for their continued collaboration with NYSABA and for their ongoing advocacy on this issue and many other issues that impact the autistic community. It is important that all Licensed Behavior Analysts and Certified Behavior Analyst Assistants read and understand this new guidance. As a member of NYSABA, your membership helps support this important and necessary work. Thank you! Please find the guidance here: https://www.op.nysed.gov/professions/licensed-behavior-analysts/professional-practice/guidance-on-the-roles-of-licensed-providers-and-unlicensed-personnel-in-delivering-aba-services Medicaid Update:Updates regarding bill A.10454 (NY Licensure)11/30/22 Please see the attached Memo of Support:
NYSABA Legislative Alert Coming soon, check back for more information about NYSABA’s legislative efforts. |