Legislative Updates

Early Intervention Updates

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

Graduate Permit

Posted 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?

• a program in applied behavior analysis that is registered by the New York State Education Department as preparing candidates for ABA licensure;
• a program that is recognized under the Verified Course Sequence (VCS) designation, as established by the Association for Behavior Analysis International (ABAI), in conjunction with the Behavior Analyst Certification Board (BACB); or
• a program that is accredited by or meets at least the third tier of the ABAI Tiered Model of Education

Graduate Permit Application Forms:

1. Candidates complete the graduate permit application (online form)
   
   
2. The candidate and the candidate’s supervisor complete the supervisor attestation form.  Before undertaking the supervision of an applied behavior analysis program graduate, licensed behavior analysts must ensure that the graduate meets the education requirements for certification by the BACB and is seeking to complete BACB experience and/or examination requirements under supervision in New York. The supervisor is encouraged to contact BACB for clarification of their requirements. Use of a program graduate by a licensed behavior analyst is subject to the full disciplinary and regulatory authority of the Board of Regents and the Department pursuant to Title VIII of the Education Law.

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:

• a program in applied behavior analysis that is registered with the New York State Education Department as preparing candidates for ABA licensure;
• a program that is recognized under the Verified Course Sequence (VCS) designation, as established by the Association for Behavior Analysis International (ABAI), in conjunction with the Behavior Analyst Certification Board (BACB); or
• a program that is accredited by or meets at least the third tier of the ABAI Tiered Model of Education

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 Form 

Posted 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 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:

State Education Department Update - Guidance on Unlicensed Professionals

Updated 9/27/23

Medicaid Update: