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Early Intervention 

 

Early Intervention Updates

Posted 6/25/2026

Dear NYSABA Members, 

The New York State Department of Health (DOH) Bureau of Early Intervention recently released two new policy communications to Early Intervention providers about Applied Behavior Analysis (ABA). 

The first bulletin issued on June 17, 2026 clarified that licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs) are two of the six newly added professions to the list of Qualified Personnel within the Early Intervention Program. The DOH bulletin also clarified that applied behavior analysis (ABA) services are now an available service type that can be authorized to LBAs and CBAAS. A copy of the full transmittal is attached to this update.

The second DOH bulletin was issued on 06/18/2026, clarifying that ABA services can be authorized as a unique service type within the Early Intervention Program (EIP). Up until this point, ABA services under Early Intervention were authorized as Special Instruction (SI), but this will no longer be the case. The bulletin also clarified for that “While other EI service providers may use ABA techniques during their service delivery; only New York State licensed behavior analysts (LBAs) and New York State certified behavior analyst assistants (CBAAs), working under the direction of a LBA, must be authorized for “ABA services” as a unique service type within the EIP.” The bulletin further clarifies that individuals using ABA techniques during service delivery can only do so “if they are acting within their scope of practice, are appropriately trained, and are competent to provide ABA as a methodology”.

The bulletin explains that NYS LBAs and CBAAs (under the direction of an LBA) are authorized to deliver ABA services, group early intervention services (ABA), parent/child groups, and service coordination. It confirms that LBAs can also provide family education and training services and parent/caregiver groups. The bulletin also affirms that ABA services can be delivered in a home/community-based setting or at an approved facility-based setting.

RBTS are not recognized under Early Intervention

The bulletin expressly states that Registered Behavior Technicians (RBTs) are not regarded as qualified personnel under the EIP and are not allowed to deliver early intervention services. NYSABA is deeply troubled by this news as it conflicts with State Education Department (SED) guidance on the use of Unlicensed Personnel. It also conflicts with the allowable personnel within the Medicaid program, also overseen by the DOH. NYSABA will appeal this most recent announcement to encourage DOH to reverse its determination on the use of unlicensed personnel such as RBTs as the technicians are integral personnel within the ABA delivery model and are allowed in service delivery across other settings and funders in New York. 

Both DOH bulletins are attached to this email. NYSABA welcomes feedback and questions from NYSABA members and will keep members informed of our efforts to engage DOH in a discussion in order to resolve this misalignment with generally accepted standards of care. 

DOH Communications are below this message. Please email [email protected] with any questions or concerns. 

NYSABA Public Policy Committee

 

NYSABA’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.

  1. Licensed Behavior Analysts (LBAs) and Certified Behavior Analyst Assistants (CBAAs) are new Early Intervention qualified providers and will be eligible to work in Early Intervention Program (EIP) after the new “EI-Hub” is launched in October 2024. Individual providers who are LBAs or CBAAs, who do not have other qualifying credentials to participate in the program, will need to wait for EI's new online application system (Provider Enrollment Management component of EI-Hub) to roll out in September 2024, to apply to the program.
  2. LBAs and CBAAs who are new to EI can prepare for the rollout of EI Hub by acquiring a paper application and gathering the necessary documentation. Individual applications can be requested by emailing: [email protected]. EI will begin to accept online applications (that mirror the paper application) approximately 30 days before the rollout of EI Hub in October 2024. Please do not submit your paper applications to EI, as they will not be able to accept applications until September 2024. The paper application can be used to understand what is needed to apply as an EI Provider.
  3. Approved EIP agencies will need to add the new qualified personnel types (LBAs and CBAAs) to their existing provider profile by way of an amendment. Agencies will submit their amendments through EI-Hub on or after 10/15/24. ABA services will also be a new service type and will require an amendment for existing provider agencies wanting to add ABA to their service lines. EI will expedite these amendments to reduce delays in service provision.
  4. Medicaid enrollment is required for individuals who are requesting an appendix agreement (individuals who want to be direct billing providers) and all EIP agencies. LBAs who are looking to work under an EIP agency and bill through the agency, do not need to have Medicaid approval. There are currently delays in Medicaid enrollment. Providers who are applying as direct billing providers may want to enroll in Medicaid in late August to prepare for their EI enrollment.
  5. LBAs and CBAAs who are applying as individuals (not working for an agency) need to have a National Provider Identifier (NPI) number. Please visit https://nppes.cms.hhs.gov/#/ to apply for an NPI number.
  6. It is recommended that LBAs and CBAAs join the EI listserv to receive updates. Please see instructions to join the listserv:
    1. Send an e-mail to [email protected] with the word "Subscribe" in the subject line, and the words “Subscribe BEI-L your first name and last name” (with no punctuation) in the body of the e-mail, remove any e-mail signatures, and then click send. Your e-mail address will be added to the mailing list.
  7. The following information was shared by the EI team about joining and training on the EI-Hub:
    1. Public Consulting Group (PCG) is leading the transition to the new provider Hub and will be pushing out a lot of provider education over the next several months. LBAs who want to enroll in EI should be encouraged to take advantage of this. Training on the new EI-Hub will be in person and virtual. The training is being organized by Public Consulting Group (PCG) and NYSACHO (NYS Association of County Health Organizations).

Please see the attachments for more information about accessing the EI-Hub.

 

  EI Hub update

  EI Self-Register Instructions

 

Important Legislative Action!  NYS Department of Health Administrative Proposals Regarding Early Intervention

Posted 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: