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*sb0898*
SENATE BILL 898
J1 (6lr3364)
ENROLLED BILL
— Finance/Health —
Introduced by Senator McCray
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Maryland Medical Assistance Program – Registered Behavior Technicians – 2
Reimbursement 3
FOR the purpose of requiring the Maryland Department of Health to provide 4
reimbursement for applied behavior analysis services provided by registered 5
behavior technicians under the Maryland Medical Assistance Program; prohibiting, 6
subject to a certain exception, the Department from requiring as a condition of 7
reimbursement that an individual receive a certain certification to provide applied 8
behavior analysis services as a registered behavior technician to Program recipients; 9
and generally relating to the Maryland Medical Assistance Program and applied 10
behavior analysis services. 11
BY adding to 12
Article – Health – General 13
Section 15–114.2 14
2 SENATE BILL 898
Annotated Code of Maryland 1
(2023 Replacement Volume and 2025 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Health – General 5
15–114.2. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) (I) “APPLIED BEHAVIOR ANAL YSIS” MEANS THE DESIGN , 9
IMPLEMENTATION, AND EVALUATION OF EN VIRONMENTAL MODIFICATIONS USING 10
BEHAVIORAL STIMULI A ND CONSEQUENCES TO P RODUCE SOCIALLY SIGN IFICANT 11
IMPROVEMENTS IN HUMAN BEHAVIOR. 12
(II) “APPLIED BEHAVIOR ANAL YSIS” INCLUDES THE DIRECT 13
OBSERVATIONS, MEASUREMENT, AND FUNCTIONAL ANALY SIS OF THE RELATIONS 14
BETWEEN ENVIRONMENT AND BEHAVIOR. 15
(3) “AUTISM SPECTRUM DISOR DER” MEANS A GROUP OF 16
DEVELOPMENTAL DISORDERS: 17
(I) CHARACTERIZED B Y PERSISTENT DEFICIT S IN SOCIAL 18
COMMUNICATION AND SOCIAL INTERACTION ACROSS MULTIPLE CONTEXTS; 19
(II) CHARACTERIZED BY REST RICTED, REPETITIVE PATTERNS 20
OF BEHAVIOR, INTERESTS, OR ACTIVITIES; AND 21
(III) WHOSE SYMPTOMS CAUSE CLINICALLY SIGNIFICA NT 22
IMPAIRMENT IN SOCIAL , OCCUPATIONAL, OR OTHER IMPORTANT A REAS OF 23
CURRENT FUNCTIONING. 24
(4) “BEHAVIOR TECHNICIAN” MEANS AN INDIVIDUAL WHO: 25
(I) DELIVERS APPLIED BEHA VIOR ANALYSIS SERVIC ES THAT 26
ARE PROVIDED TO INDI VIDUALS WITH AUTISM SPECTRUM DISORDER UN DER THE 27
SUPERVISION OF: 28
1. A LICENSED PSYCHOLOGIST; 29
SENATE BILL 898 3
2. A BOARD CERTIFIED BEHAVIOR ANALYST–DOCTORAL; 1
OR 2
3. A BOARD CERTIFIED BEHAVIOR ANALYST; AND 3
(II) MEETS THE REQUIREMENT S FOR PROVIDING BEHA VIOR 4
ANALYSIS SERVICES UNDER THE PROGRAM ESTABLISHED BY THE DEPARTMENT IN 5
REGULATION. 6
(4) (5) “BOARD CERTIFIED BEHAV IOR ANALYST ” MEANS A 7
LICENSED PROFESSIONAL WHO: 8
(I) RENDERS AND PROVIDES DIRECTION FOR APPLIE D 9
BEHAVIOR ANALYSIS SERVICES THAT ARE PROVIDED TO INDIVIDUALS WITH AUTISM 10
SPECTRUM DISORDER; AND 11
(II) HAS OBTAINED A BOARD CERTIFIED BEHAVIOR ANALYST 12
CERTIFICATION. 13
(5) (6) “BOARD CERTIFIED BEHAV IOR ANALYST –DOCTORAL” 14
MEANS A LICENSED PROFESSIONAL WHO: 15
(I) RENDERS AND PROVIDES DIRECTION FOR APPLIE D 16
BEHAVIOR ANALYSIS TR EATMENTS THAT ARE PROVIDED TO INDIVIDUALS WITH 17
AUTISM SPECTRUM DISORDER; AND 18
(II) HAS OBTAINED A BOARD CERTIFIED BEHAVIOR 19
ANALYST–DOCTORAL CERTIFICATION. 20
(6) “REGISTERED BEHAVIOR T ECHNICIAN” MEANS A 21
PARAPROFESSIONAL WHO DELIVERS APPLIED BEHAVIOR ANALYSIS SERVICES THAT 22
ARE PROVIDED TO INDI VIDUALS WITH AUTISM SPECTRUM DISORDER UN DER THE 23
SUPERVISION OF: 24
(I) A LICENSED PSYCHOLOGIST; 25
(II) A BOARD CERTIFIED BEHAVIOR ANALYST–DOCTORAL; OR 26
(III) A BOARD CERTIFIED BEHAVIOR ANALYST. 27
(B) (1) THE DEPARTMENT SHALL PROVIDE REIMBU RSEMENT FOR 28
APPLIED BEHAVIOR ANA LYSIS SERVICES PROVI DED BY REGISTERED BEHAVIOR 29
TECHNICIANS TO PROGRAM RECIPIENTS WITH AUTISM SPECTRUM DISORDER. 30
4 SENATE BILL 898
(2) EXCEPT AS PROVIDED UN DER PARAGRAPH (3) OF THIS 1
SUBSECTION, THE DEPARTMENT MAY NOT RE QUIRE AS A CONDITION OF 2
REIMBURSEMENT UNDER THE PROGRAM THAT AN INDIV IDUAL RECEIVE A 3
CERTIFICATION FROM THE BEHAVIOR ANALYST CERTIFICATION BOARD OR OTHER 4
A CREDENTIALING ENTITY RECOGNIZED BY THE DEPARTMENT TO PROVIDE APPLIED 5
BEHAVIOR ANALYSIS SERVICES AS A REGISTERED BEHAVIOR TECHNICIAN. 6
(3) THE DEPARTMENT MAY REQUIR E AS A CONDITION OF 7
REIMBURSEMENT UNDER THE PROGRAM THAT AN INDIVIDUAL OBTAIN A CURRENT 8
CERTIFICATION ISSUED BY THE BEHAVIOR ANALYST CERTIFICATION BOARD OR 9
OTHER A CREDENTIALING ENTITY RECOGNIZED BY THE DEPARTMENT TO PROVIDE 10
APPLIED BEHAVIOR ANALYSIS SERVICES AS A REGISTERED BEHAVIOR TECHNICIAN 11
WITHIN 150 DAYS AFTER THE INDIV IDUAL BEGINS PROVIDING APPLIED BEHAVIOR 12
ANALYSIS SERVICES TO PROGRAM RECIPIENTS AS A REGISTERED BEHAVIOR 13
TECHNICIAN AND MAINTAIN THE CERTIFICATION. 14
(C) THE DEPARTMENT SHALL ADOPT REGULATIONS NECESSARY TO CARRY 15
OUT THIS SECTION. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 17
apply only prospectively and may not be applied or interpreted to have any effect on or 18
application to any individual who provides applied behavior analysis services before the 19
effective date of this Act. 20
SECTION 3. AND BE IT FURTHER ENACTED, That: 21
(a) If, on or before June 30, 2027, the U.S. Department of Health and Human 22
Services advises or notifies the Maryland Department of Health by written policy, audit 23
finding, or other guidance that Section 1 of this Act is inconsistent with § 1902(a)(27) of the 24
federal Social Security Act, this Act, with no further action required by the General 25
Assembly, shall be abrogated and of no further force and effect. 26
(b) The Maryland Department of Health shall notify the Department of Legislative 27
Services within 5 days after receiving the advisement or notice from the U.S. Department of 28
Health and Human Services described under subsection (a) of this section. 29
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31