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👋 Hey there!
California's legislature passed AB 2233 without a single no vote. The idea is simple: a child's authorized ABA hours shouldn't disappear because the family had to cancel that week. It's on Governor Newsom's desk until September 30, and unless he vetoes it, it takes effect January 1. It covers commercial plans, not Medi-Cal, and protects only make-up hours the treatment plan documents.
Elsewhere, other states asked the same question in other units of time. Missouri counts billable minutes by the day. Pennsylvania's Community Care now authorizes six months at a time, not twelve. Oklahoma's Medicaid plans require twice the state's supervision. West Virginia won't cover a child diagnosed after turning eight.
Act on Washington first: comments on barring relatives from supervising a CBT or LABA close this Tuesday, September 22.
None of this changes what good treatment looks like. It changes how much of it a child gets.
⭐ Featured This Week
AB 2233 bars California commercial plans from weekly caps that forfeit unused authorized ABA hours within the six-month authorization. It passed 38-0 and 76-0. Newsom has until September 30; Medi-Cal plans are excluded.
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📚 Research Digest
The STAT-Brief Form uses turn-taking, bubbles, snack, balloon and a bag of toys, with a cutoff of 3. Administration drops to five to ten minutes. The authors call it a Level 2 tool for toddlers already referred for developmental concerns, not a population screen.
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Almost half of participants sat in an Open Cluster, comfortable with most terms. The rest split between identity-first and person-first camps, with autistic participants overrepresented in the first and non-autistic parents in the second.
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⚖ Legislation Tracker
Tennessee districts can no longer charge a fee or place barriers in front of privately paid ABA in the classroom. In exchange the provider owes an executed MOU, a Section 49-5-413 background investigation, and insurance naming the school as an additional insured.
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A BACB credential does not make a technician billable in Louisiana — the state keeps its own register, and the supervisory relationship has to be documented in writing. Supervision is not payable when the licensed professional delivered the therapy.
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A West Virginia child diagnosed at nine is not eligible for Medicaid ABA at any age. Combined codes are capped at 40 hours a week and eight in any 24 hours, back-dating authorizations is barred, and denied services cannot be balance-billed to the family.
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SSA published SSR 26-2p on September 1 and applies it October 1. It governs age-18 redeterminations, continuing disability reviews, and title II child claims for disability beginning before age 22 — and it names autism spectrum disorder listing 12.10.
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Washington's Department of Health proposes that a CBT or LABA supervisor can't be related to, subordinate to, or employed by the supervisee. Hearing and written comments both close September 22; intended adoption is September 29.
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💼 Industry News
Missouri lets a behavior technician bill for 90 calendar days from the date they pass the RBT initial competency assessment. Miss the credential by day 90 and every paid claim is subject to immediate, full recoupment, not a denial going forward.
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The 2027 ABA codes are 97148/97149 (harmful behavior assessment), 97159/97160 (harmful behavior treatment), 97173 (treatment with analysis by the QHP) and 97180 (non-face-to-face). 97155 narrows to directing a technician. Effective January 1.
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All three SoonerSelect plans now require ABA case supervision at 10% of direct treatment hours and cap initial 97151 assessments at 24 units. Oklahoma Complete Health requires the TS modifier on reassessments from September 16.
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OHCA began full ABA Service Quality Reviews in September. Its educational round flagged uncontracted RBTs, billed naps, unclear start and stop times, and 20 hours billed against 10 documented. Deficiencies can mean full or partial recoupment.
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Carelon Massachusetts requires two direct observations with at least one in the home, and formal assessment data from three separate categories — including a caregiver-impact measure — before an initial treatment plan is authorized.
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MO HealthNet's September 9 ABA tip: note exact start and stop times, subtract naps and meals, total each code's minutes for the day before converting to units, and bill one line per code. Rounding sessions separately overbills.
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Since September 17, Community Care Behavioral Health approves IBHS, ABA included, for six months at most, down from 12. ABA assessment requests cap at 200 units. Magellan follows in Somerset and Bedford counties on October 1.
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