A House Bill Would Make Every State Electronically Verify Medicaid ABA Sessions
H.R. 10618 names ABA alongside non-emergency transport and would require six data points per session from January 1, 2027. It's unlikely to pass this Congress.
On September 28, 2026, Rep. Gabe Evans (R-CO) introduced H.R. 10618, the STOP Medicaid Fraud Act of 2026. It would require every state to use "an electronic verification system" for Medicaid ABA "furnished ... on or after January 1, 2027." Today, the federal electronic visit verification mandate covers personal care and home health. ABA isn't in it.
The bill is very unlikely to become law this Congress. It's been referred to Energy and Commerce with no hearing or markup scheduled, and Alston & Bird's October 2 review says the 14-bill package it belongs to is "unlikely to advance before the end of the current Congress." Its value is as a signal. Congress has now written ABA into statutory text as a service that needs session-level verification, after CMS named it a top Medicaid fraud risk.
What it would require
Verification of each element in 42 U.S.C. 1396b(l)(5)(A):
- the type of service performed
- the individual receiving the service
- the date of the service
- the location of service delivery
- the individual providing the service
- the time the service begins and ends
The text has no setting limit, so it would cover clinic, home and community sessions alike. A non-compliant state would owe a corrective action plan within 90 days of notice and compliance within a year. States that already require electronic verification of ABA at enactment would be exempt while they keep it.
What you must know or do
- Owners: pull last month's session records and check each holds all six elements, recorded when the session happened. Actual start and end times and the actual location are the ones most often missing. Scheduled times don't count.
- Billers: flag sessions where note times don't match billed units. That mismatch is what a verification system rejects automatically.
- Owners: find out whether your state already requires EVV for ABA. If it does, this bill wouldn't change your obligations.