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Thursday, August 1, 2013

Cuomo Administration Backs Down in Licensing Dispute

Autism Speaks reports that the administration of New York Governor Andrew Cuomo has retreated from its earlier position required that ABA practitioners obtain a state license in order to qualify for insurance reimbursement under the state mandate. New York has no ABA license.
Autism Speaks, through its Legal Resource Center, urged the state agency to drop the licensing requirement earlier this year, arguing it was in clear violation of the 2011 law which specified that national certification by the Behavior Analyst Certification Board (BACB)would be sufficient for ABA practitioners to provide services in New York.

When DFS proceeded with the regulations, Autism Speaks and other advocates, such as the New York State Association for Behavior Analysis (NYSABA) worked with Morelle and Fuschillo to introduce legislation creating a New York ABA license. The two lawmakers managed fast passage of the licensing bill through both houses of the Legislature in June.

With the licensing bill about to be presented to Governor Cuomo, DFS, which had continued working with Autism Speaks and other advocates, issued a new regulation making clear that BACB certification, as specified under the original 2011 law, would now be sufficient. The new regulations took immediate effect, enabling families with state-regulated health insurance coverage to now access affordable ABA care for their children with autism.