EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0627*
HOUSE BILL 627
J1 2lr0743
By: Delegate Kelly
Introduced and read first time: January 31, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
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
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Health – General 19
15–114.2. 20
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) (I) “APPLIED BEHAVIOR ANAL YSIS” MEANS THE DESIGN , 23
IMPLEMENTATION , AND EVALUATION OF EN VIRONMENTAL MODIFICA TIONS USING 24 2 HOUSE BILL 627
BEHAVIORAL STIMULI A ND CONSEQUENCES TO P RODUCE SOCIALLY SIGN IFICANT 1
IMPROVEMENTS IN HU MAN BEHAVIOR . 2
(II) “APPLIED BEHAVIOR ANAL YSIS” INCLUDES THE DIRECT 3
OBSERVATIONS , MEASUREMENT , AND FUNCTIONAL ANALY SIS OF THE RELATIONS 4
BETWEEN ENVIRONMENT AND BEHAVIOR . 5
(3) “AUTISM SPECTRUM DISOR DER” MEANS A GROUP OF 6
DEVELOPMENTAL DISORD ERS: 7
(I) CHARACTERIZED BY PERS ISTENT DEFICITS IN S OCIAL 8
COMMUNICATION AND SO CIAL INTERACTION ACR OSS MULTIPLE CONTEXT S; 9
(II) CHARACTERIZED BY REST RICTED, REPETITIVE PATTERNS 10
OF BEHAVIOR, INTERESTS, OR ACTIVITIES; AND 11
(III) WHOSE SYMPTOMS CAUSE CLINICALLY SIGNIFICANT 12
IMPAIRMENT IN SOCIAL , OCCUPATIONAL , OR OTHER IMPORTANT A REAS OF 13
CURRENT FUNCTIONING . 14
(4) “BOARD CERTIFIED BEHAV IOR ANALYST” MEANS A LICENSED 15
PROFESSIONAL WHO : 16
(I) RENDERS AND PROVIDES DIRECTION FOR APPLIED 17
BEHAVIORAL ANALYSIS SERVICES THAT ARE PR OVIDED TO INDIVIDUALS WITH 18
AUTISM SPECTRUM DISO RDER; AND 19
(II) HAS OBTAINED A BEHAVIOR ANALYST CERTIFICATION 20
BOARD CERTIFICATION . 21
(5) “BOARD CERTIFIED BEHAV IOR ANALYST–DOCTORAL” MEANS A 22
LICENSED PROFESSIONA L WHO: 23
(I) RENDERS AND PROVIDES DIRECTION FOR APPLIED 24
BEHAVIOR ANALYSIS TREATMENTS THAT ARE PROVIDED TO INDIVIDUALS WITH 25
AUTISM SPECTRUM DISOR DER; AND 26
(II) HAS OBTAINED A BEHAVIOR ANALYST CERTIFICATION 27
BOARD CERTIFICATION WITH A DOCTORAL –LEVEL CREDENTIAL . 28
(6) “REGISTERED BEHAVIOR T ECHNICIAN” MEANS A 29
PARAPROFESSIONAL WHO DELIVERS APPLIED BEHAVIOR ANA LYSIS SERVICES THAT 30 HOUSE BILL 627 3
ARE PROVIDED TO INDIVIDUALS WITH AUTISM SPECTRUM DISORDER UNDER THE 1
SUPERVISION OF : 2
(I) A LICENSED PSYCHOLOGIST ; 3
(II) A BOARD CERTIFIED BEHAV IOR ANALYST–DOCTORAL; OR 4
(III) A BOARD CERTIFIED BEHAV IOR ANALYST. 5
(B) (1) THE DEPARTMENT SHALL PROV IDE REIMBURSEMENT FO R 6
APPLIED BEHAVIOR ANA LYSIS SERVICES PROVI DED BY REGISTERED BEHAVI OR 7
TECHNICIANS TO PROGRAM RECIPIENTS WITH AUTISM SPECTRUM DISORDER. 8
(2) EXCEPT AS PROVIDED UN DER PARAGRAPH (3) OF THIS 9
SUBSECTION, THE DEPARTMENT MAY NOT REQUIRE AS A CONDITION OF 10
REIMBURSEMENT UNDER THE PROGRAM THAT A N INDIVIDUAL RECEIVE A 11
CERTIFICATION FROM T HE BEHAVIOR ANALYST CERTIFICATION BOARD OR OTHER 12
CREDENTIALING ENTITY TO PROVIDE APPLIED BEHAVIOR ANA LYSIS SERVICES AS A 13
REGISTERED BEHAVIOR TECHNICIAN. 14
(3) THE DEPARTMENT MAY REQUIR E AS A CONDITION OF 15
REIMBURSEMENT UNDER THE PROGRAM THAT AN INDIVIDUAL OBTAIN A CURRENT 16
CERTIFICATION ISSUED BY THE BEHAVIOR ANALYST CERTIFICATION BOARD OR 17
OTHER CREDENTIALING ENTITY TO PROVIDE APPLIED BEHAVIOR ANA LYSIS 18
SERVICES AS A REGISTERED BEHA VIOR TECHNICIAN WITHIN 90 DAYS AFTER THE 19
INDIVIDUAL BEGINS PROVIDIN G APPLIED BEHAVIOR A NALYSIS SERVICES TO 20
PROGRAM RECIPIENTS AS A REGISTERED BEHAVIO R TECHNICIAN AND MAINTAIN 21
THE CERTIFICATION . 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2022. 24