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Title: Section 505.39 - Applied Behavior Analysis

Effective Date


Section 505.39 Applied Behavior Analysis

(a) Definitions.

(1) Applied Behavior Analysis or "ABA," as defined in section eighty-eight hundred one of NYS education law, means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior.

(2) A licensed behavior analyst is an individual licensed to practice applied behavior analysis under article one hundred sixty-seven of the education law.

(3) A certified behavior analyst assistant is an individual certified under article one hundred sixty-seven of NYS education law who provides ABA and works under the supervision of a licensed behavior analyst.

(b) General.

(1) Medical assistance shall include applied behavior analysis where such service is provided by a Licensed Behavior Analyst (LBA) or Certified Behavior Analyst Assistant (CBAA) working under the supervision of an LBA, or other individual specified under article one hundred sixty-seven of NYS education law, for the behavior health treatment for persons under 21 years of age with autism spectrum disorders and related disorders.

(c) Payment policy. 

(1) Payment for applied behavior analysis (ABA) services shall be made to ABA providers at rates or fees established by the Department of Health and approved by the Division of the Budget.

Statutory Authority

Social Services Law, Section 365-a


VOLUME C (Title 18)