BILL NUMBER: S8138
SPONSOR: PERSAUD
 
TITLE OF BILL:
An act to amend the social services law, in relation to studying the
adequacy of applied behavioral analysis provider networks
 
PURPOSE OR GENERAL IDEA OF BILL:
To determine whether Medicaid beneficiaries have sufficient access to
applied behavior analysis services.
 
SUMMARY OF PROVISIONS:
Section 1, Amends paragraph (jj) of subdivision 2 of section 365-a.
Section 2. Sets the effective date.
 
JUSTIFICATION:
Applied Behavior Analysis (ABA) is an evidence-based behavioral therapy
that can greatly improve the quality of life of people with autism.
Timely access to this therapy is critical, particularly when children
are young, and their minds and bodies are rapidly growing. ABA was
added to New York commercial insurance coverage requirements in 2011,
and coverage was recently included under the NYS Medicaid program.
Despite ABA being a covered benefit, children and families are having a
hard time finding Medicaid enrolled providers in their area. Addi-
tionally, ABA providers are having difficulty being enrolled in Medicaid
Managed Care plan networks because they are being told the networks are
closed.
This legislation would require DOH to publish an annual report on its
website regarding access to ABA for Medicaid-enrolled children and would
allow the department to provide recommendations to improve the adequacy
of the network of ABA providers and access to applied behavior analysis.
This legislation would help ensure Medicaid Managed Care provider
networks are appropriately established in counties throughout NYS so
children with autism can access these services as soon as possible.
 
RACIAL JUSTICE IMPACT:
Autism is being diagnosed more frequently in Black and Hispanic children
as opposed to White children, The new estimates suggest that about 3% of
Black, Hispanic, and Asian or Pacific Islander children have an autism
diagnosis (1). This can largely be attributed to improved screening and
behavioral services that enable autism identification, as previously,
children of color would not receive a diagnosis limiting their access to
proper care. According to one of the largest U.S. studies to date on
Black parents seeking an ASD diagnosis for their child, Bladk children
don't receive a diagnosis until three years, on average, after their
parents have voiced their initial concerns about atypical behaviors (2).
 
GENDER JUSTICE IMPACT:
TBD.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: A9073; referred to health.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately. (1) https
://www.spectrumnews.org/news/u-s-autism- prevalence-continues-to-riseas-
race-and-sex-ga ps-shrink-new-stats-show/ (2)
https://childmind.org/article/why- do-black-children-with-autism-
getdiagnosed-late/

Statutes affected:
S8138: 365-a social services law, 365-a(2) social services law