FABA Successfully Challenges AHCA Policy on Behavior Analysis Services & Encourages Its Members to Immediately Enroll In The BA Services Program

As we previously reported, on November 14, 2016, the Florida Association for Behavior Analysis filed a petition with the Division of Administrative Hearings in Tallahassee, challenging the Agency for Health Care Administration’s (AHCA) adoption of Proposed Rule 59G-4.125, F.A.C., regarding its Behavior Analysis Services Policy.

FABA’s challenge to the published policy focused on preserving positive changes to the policy achieved during the workshop and hearing process, as well as making sure that the policy is limited to behavior analysis services, not services that have no connection to behavior analysis. For example, it was important the policy was clarified that psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling are not to be reimbursed under the behavior analysis policy. Further, it was essential that the policy require that lead analysts who are not BCBA’s but who are licensed under Chapter 490 or 491, have training and expertise in the field of behavior analysis.

A link to the second notice of change for the policy is found here: http://www.ahca.myflorida.com/medicaid/review/Rules_in_Process/NOC/59G-4.125_BA_Coverage_Policy_afterNOC2_trk_chgs.pdf and incorporates revisions made in each of the workshops and the final proposed rule hearing. FABA and AHCA filed a joint motion to dismiss the petition based upon AHCA’s changes to the behavior analysis policy, which has been accepted by the administrative law judge.

With the major policy considerations resolved as a result of the litigation, FABA encourages its members to enroll immediately in the behavior analysis provider program at the Florida Medicaid Web Portal. A link to AHCA Behavior Analysis Provider Information web page is here: http://ahca.myflorida.com/medicaid/Policy_and_Quality/Policy/behavioral_health_coverage/bhfu/BA_Services.shtml  and includes additional links to the web-based and live training opportunities: http://fl.beaconhealthoptions.com/provider/prv-in-person-trainings.html

Providers need to submit their applications by February 1, 2017, for the April 3, 2017, start date of the behavior analysis services program.