SB 898

WES MOORE, Governor  Ch. 867
Chapter 867
  (Senate Bill 898)
AN ACT concerning
  Maryland Medical Assistance Program – Registered Behavior Technicians –
  Reimbursement
FOR the purpose of requiring the Maryland Department of Health to provide
    reimbursement for applied behavior analysis services provided by registered
    behavior technicians under the Maryland Medical Assistance Program; prohibiting,
    subject to a certain exception, the Department from requiring as a condition of
    reimbursement that an individual receive a certain certification to provide applied
    behavior analysis services as a registered behavior technician to Program recipients;
    and generally relating to the Maryland Medical Assistance Program and applied
    behavior analysis services.
BY adding to
     Article – Health – General
     Section 15–114.2
     Annotated Code of Maryland
     (2023 Replacement Volume and 2025 Supplement)
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – Health – General
15–114.2.
      (A)     (1)   IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
  (2)
  (I)  “APPLIED BEHAVIOR ANALYSIS” MEANS THE DESIGN,
IMPLEMENTATION, AND EVALUATION OF ENVIRONMENTAL MODIFICATIONS USING
BEHAVIORAL STIMULI AND CONSEQUENCES TO PRODUCE SOCIALLY SIGNIFICANT
IMPROVEMENTS IN HUMAN BEHAVIOR.
  (II)
  “APPLIED BEHAVIOR ANALYSIS” INCLUDES THE DIRECT
OBSERVATIONS, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF THE RELATIONS
BETWEEN ENVIRONMENT AND BEHAVIOR.
  (3) “AUTISM SPECTRUM  DISORDER”      MEANS     A   GROUP        OF
DEVELOPMENTAL DISORDERS:
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Ch. 867  2026 LAWS OF MARYLAND
  (I)
  CHARACTERIZED BY PERSISTENT DEFICITS IN SOCIAL
COMMUNICATION AND SOCIAL INTERACTION ACROSS MULTIPLE CONTEXTS;
  (II)
  CHARACTERIZED BY RESTRICTED, REPETITIVE PATTERNS
OF BEHAVIOR, INTERESTS, OR ACTIVITIES; AND
  (III) WHOSE SYMPTOMS CAUSE CLINICALLY SIGNIFICANT
IMPAIRMENT IN SOCIAL, OCCUPATIONAL, OR OTHER IMPORTANT AREAS OF
CURRENT FUNCTIONING.
  (4)    “BEHAVIOR TECHNICIAN” MEANS AN INDIVIDUAL WHO:
  (I )   DELIVERS APPLIED BEHAVIOR ANALYSIS SERVICES THAT
ARE PROVIDED TO INDIVIDUALS WITH AUTISM SPECTRUM DISORDER UNDER THE
SUPERVISION OF:
  1.     A LICENSED PSYCHOLOGIST;
  2.     A BOARD CERTIFIED BEHAVIOR ANALYST–DOCTORAL;
OR
  3.     A BOARD CERTIFIED BEHAVIOR ANALYST; AND
  (II)
  MEETS THE REQUIREMENTS FOR PROVIDING BEHAVIOR
ANALYSIS SERVICES UNDER THE PROGRAM ESTABLISHED BY THE DEPARTMENT IN
REGULATION.
  (4) (5)  “BOARD  CERTIFIED    BEHAVIOR   ANALYST”   MEANS   A
LICENSED PROFESSIONAL WHO:
  (I)    RENDERS AND PROVIDES DIRECTION FOR APPLIED
BEHAVIOR ANALYSIS SERVICES THAT ARE PROVIDED TO INDIVIDUALS WITH AUTISM
SPECTRUM DISORDER; AND
  (II)   HAS OBTAINED A BOARD CERTIFIED BEHAVIOR ANALYST
CERTIFICATION.
  (5) (6)       “BOARD     CERTIFIED   BEHAVIOR   ANALYST–DOCTORAL”
MEANS A LICENSED PROFESSIONAL WHO:
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  WES MOORE, Governor  Ch. 867
  (I)    RENDERS AND PROVIDES DIRECTION FOR APPLIED
BEHAVIOR ANALYSIS TREATMENTS THAT ARE PROVIDED TO INDIVIDUALS WITH
AUTISM SPECTRUM DISORDER; AND
  (II)   HAS
  OBTAINED  A   BOARD     CERTIFIED     BEHAVIOR
ANALYST–DOCTORAL CERTIFICATION.
  (6)   “REGISTERED  BEHAVIOR    TECHNICIAN”    MEANS     A
PARAPROFESSIONAL WHO DELIVERS APPLIED BEHAVIOR ANALYSIS SERVICES THAT
ARE PROVIDED TO INDIVIDUALS WITH AUTISM SPECTRUM DISORDER UNDER THE
SUPERVISION OF:
  (I)    A LICENSED PSYCHOLOGIST;
  (II)   A BOARD CERTIFIED BEHAVIOR ANALYST–DOCTORAL; OR
  (III) A BOARD CERTIFIED BEHAVIOR ANALYST.
      (B)   (1)   THE DEPARTMENT SHALL PROVIDE REIMBURSEMENT FOR
APPLIED BEHAVIOR ANALYSIS SERVICES PROVIDED BY REGISTERED BEHAVIOR
TECHNICIANS TO PROGRAM RECIPIENTS WITH AUTISM SPECTRUM DISORDER.
  (2) EXCEPT AS PROVIDED UNDER PARAGRAPH (3) OF THIS
SUBSECTION, THE DEPARTMENT MAY NOT REQUIRE AS A CONDITION OF
REIMBURSEMENT UNDER THE PROGRAM THAT AN INDIVIDUAL RECEIVE A
CERTIFICATION FROM THE BEHAVIOR ANALYST CERTIFICATION BOARD OR OTHER
A CREDENTIALING ENTITY RECOGNIZED BY THE DEPARTMENT TO PROVIDE APPLIED
BEHAVIOR ANALYSIS SERVICES AS A REGISTERED BEHAVIOR TECHNICIAN.
  (3)   THEDEPARTMENT MAY REQUIRE AS A CONDITION OF
REIMBURSEMENT UNDER THE PROGRAM THAT AN INDIVIDUAL OBTAIN A CURRENT
CERTIFICATION ISSUED BY THE BEHAVIOR ANALYST CERTIFICATION BOARD OR
OTHER A CREDENTIALING ENTITY RECOGNIZED BY THE DEPARTMENT TO PROVIDE
APPLIED BEHAVIOR ANALYSIS SERVICES AS A REGISTERED BEHAVIOR TECHNICIAN
WITHIN 150 DAYS AFTER THE INDIVIDUAL BEGINS PROVIDING APPLIED BEHAVIOR
ANALYSIS SERVICES TO PROGRAM RECIPIENTS AS A REGISTERED BEHAVIOR
TECHNICIAN AND MAINTAIN THE CERTIFICATION.
      (C)  THE DEPARTMENT SHALL ADOPT REGULATIONS NECESSARY TO CARRY
OUT THIS SECTION.
      SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
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 Ch. 867  2026 LAWS OF MARYLAND
application to any individual who provides applied behavior analysis services before the
effective date of this Act.
      SECTION 3. AND BE IT FURTHER ENACTED, That:
      (a)     If, on or before June 30, 2027, the U.S. Department of Health and Human
Services advises or notifies the Maryland Department of Health by written policy, audit
finding, or other guidance that Section 1 of this Act is inconsistent with § 1902(a)(27) of the
federal Social Security Act, this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
      (b)    The Maryland Department of Health shall notify the Department of Legislative
Services within 5 days after receiving the advisement or notice from the U.S. Department of
Health and Human Services described under subsection (a) of this section.
      SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 31, 2026.
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