NY State Senate Bill 2025-S8138

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to health

2025-S8138 (ACTIVE) - Details

See Assembly Version of this Bill:: A6183
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: A9073

2025-S8138 (ACTIVE) - Summary

Directs the commissioner of health to make publicly available on the department of health website a report concerning access to applied behavior analysis for enrolled children diagnosed with autism spectrum disorder.

2025-S8138 (ACTIVE) - Sponsor Memo

                                 
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/

2025-S8138 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8138
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in  relation  to  studying  the
   adequacy of applied behavioral analysis provider networks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (jj) of subdivision 2 of  section  365-a  of  the
 social  services  law,  as  added by chapter 733 of the laws of 2022, is
 amended to read as follows:
   [(jj)] (NN) applied  behavior  analysis,  under  article  one  hundred
 sixty-seven  of the education law, provided by a person licensed, certi-
 fied, or otherwise authorized to provide applied behavior analysis under
 that article. BY DECEMBER FIRST OF EACH YEAR, THE COMMISSIONER OF HEALTH
 SHALL MAKE PUBLICLY AVAILABLE ON THE DEPARTMENT OF  HEALTH'S  WEBSITE  A
 REPORT CONCERNING ACCESS TO APPLIED BEHAVIOR ANALYSIS FOR ENROLLED CHIL-
 DREN  DIAGNOSED  WITH  AUTISM  SPECTRUM  DISORDER  MEETING THE FOLLOWING
 REQUIREMENTS:
   (I) THE DATA IN THE REPORT SHALL BE ORGANIZED  BY  CURRENT  PROCEDURAL
 TERMINOLOGY (CPT) CODE;
   (II) THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION FROM THE IMME-
 DIATELY PRECEDING FISCAL YEAR REGARDING THE MEDICAID PROGRAM:
   (A)  THE  NUMBER  OF LICENSED BEHAVIOR ANALYSTS AND CERTIFIED BEHAVIOR
 ANALYST ASSISTANTS PRACTICING IN THIS STATE WHO ARE MEDICAID PROVIDERS;
   (B) THE NUMBER OF MEDICAID ENROLLEES WHO ARE CHILDREN WITH  AN  AUTISM
 SPECTRUM DISORDER DIAGNOSIS;
   (C)  THE  NUMBER OF MEDICAID ENROLLEES WHO ARE CHILDREN WITH AN AUTISM
 SPECTRUM DISORDER DIAGNOSIS WHO RECEIVED APPLIED BEHAVIOR ANALYSIS;
   (D) THE NUMBER OF LICENSED BEHAVIOR ANALYSTS  AND  CERTIFIED  BEHAVIOR
 ANALYST  ASSISTANTS  WITH  WHOM  EACH  MEDICAID MANAGED CARE PLAN IN THE
 STATE HAS CONTRACTED, BY COUNTY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10105-01-5
 S. 8138                             2

 
   (E) THE MEDIAN NUMBER OF DAYS BETWEEN DIAGNOSIS OF  A  CHILD  WITH  AN
 AUTISM  SPECTRUM  DISORDER  AND  THE  TIME AT WHICH SUCH CHILD BEGINS TO
 RECEIVE APPLIED BEHAVIOR ANALYSIS;
   (F)  THE  NUMBER OF MEDICAID ENROLLEES WHO ARE CHILDREN WITH AN AUTISM
 SPECTRUM DISORDER DIAGNOSIS WHO DID NOT RECEIVE APPLIED BEHAVIOR  ANALY-
 SIS,  DESPITE  IT BEING RECOMMENDED BY THE CHILD'S HEALTH CARE PROVIDER,
 IF ASCERTAINABLE;
   (G) THE NUMBER OF PRIOR AUTHORIZATION REQUESTS  FOR  APPLIED  BEHAVIOR
 ANALYSIS THAT WERE DENIED AND THE NUMBER OF APPEALS RESULTING FROM THOSE
 DENIALS AND PARTIAL DENIALS;
   (H)  THE  MEDIAN OF RECOMMENDED HOURS AND THE MEDIAN OF RECEIVED HOURS
 OF APPLIED BEHAVIOR ANALYSIS FOR MEDICAID  ENROLLEES  WHO  ARE  CHILDREN
 WITH  AN  AUTISM  SPECTRUM  DISORDER DIAGNOSIS WHO WERE APPROVED FOR AND
 RECEIVED APPLIED BEHAVIOR ANALYSIS BUT DID NOT  RECEIVE  THE  NUMBER  OF
 HOURS  OF  TREATMENT RECOMMENDED BY THE CHILD'S HEALTH CARE PROVIDER, IF
 ASCERTAINABLE;
   (I) THE MEDIAN OF RECOMMENDED HOURS AND THE MEDIAN OF COVERED HOURS OF
 APPLIED BEHAVIOR ANALYSIS FOR MEDICAID ENROLLEES WHO ARE  CHILDREN  WITH
 AN  AUTISM  SPECTRUM  DISORDER  DIAGNOSIS  FOR WHOM THE MEDICAID PROGRAM
 COVERED FEWER BEHAVIOR ANALYSIS  HOURS  THAN  WERE  RECOMMENDED  BY  THE
 CHILD'S HEALTH CARE PROVIDER, IF ASCERTAINABLE;
   (J)  RECOMMENDATIONS TO IMPROVE THE ADEQUACY OF THE NETWORK OF APPLIED
 BEHAVIOR ANALYSIS PROVIDERS WHO ARE MEDICAID PROVIDERS; AND
   (K) OTHER RECOMMENDATIONS TO IMPROVE ACCESS TO APPLIED BEHAVIOR ANALY-
 SIS;
   (III) THE DEPARTMENT SHALL MAKE EVERY EFFORT TO COLLECT  FROM  APPLIED
 BEHAVIOR  ANALYSIS  PROVIDERS AND ENROLLEES ANY INFORMATION NECESSARY TO
 COMPILE THE REPORT REQUIRED BY THIS SECTION; AND
   (IV) THE DEPARTMENT SHALL DEVELOP  EDUCATION  AND  OUTREACH  MATERIALS
 THAT DO BOTH OF THE FOLLOWING:
   (A)  INFORM  AND EDUCATE PARENTS AND LEGAL GUARDIANS OF ENROLLED CHIL-
 DREN WITH AN AUTISM SPECTRUM DISORDER DIAGNOSIS ABOUT RELEVANT  SERVICES
 FOR WHICH THOSE CHILDREN ARE ELIGIBLE; AND
   (B) EXPLAIN HOW TO ACCESS THOSE SERVICES.
   § 2. This act shall take effect immediately.

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Senate Bill S8138

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2025-S8138 (ACTIVE) - Details

2025-S8138 (ACTIVE) - Summary

2025-S8138 (ACTIVE) - Sponsor Memo

2025-S8138 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8138

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Sponsored By

Roxanne J. Persaud

Current Bill Status - In Senate Committee Health Committee

2025-S8138 (ACTIVE) - Details

2025-S8138 (ACTIVE) - Summary

2025-S8138 (ACTIVE) - Sponsor Memo

2025-S8138 (ACTIVE) - Bill Text download pdf

Comments