CPB Behavioral Therapy and Advocacy Services, LLC thanks DMAS for the opportunity to comment. As an ABA provider, we operate in a rural area, which presents its own unique challenges. Below, are our main concerns with the ABA provider manual changes.
We support DMAS’s efforts to clarify the requirements governing ABA services, strengthen documentation of medical necessity, promote family involvement and care coordination, and ensure that services are appropriately individualized. We also appreciate DMAS’s explicit recognition that requests exceeding 20 hours per week may be considered through the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) process.
THE 20-HOUR WEEKLY PROVISION SHOULD FUNCTION AS A UTILIZATION-MANAGEMENT THRESHOLD, NOT A BENEFIT LIMITATION
The proposed policy states:
“Services are authorized based on medical necessity and may not exceed 20 hours per week, except as authorized under EPSDT review.”
We appreciate that the proposed language expressly preserves the availability of EPSDT review for services exceeding 20 hours per week. However, the phrase “may not exceed 20 hours per week” could be interpreted as establishing a categorical limit on the amount of ABA available to Medicaid beneficiaries absent a separate EPSDT exception.
We request that DMAS clarify that 20 hours per week is a utilization-management threshold, not a limit on the amount of medically necessary ABA that may be covered.
Medical necessity should be determined based on the individual beneficiary’s clinical presentation, functional impairments, treatment goals, treatment response, and need for the requested intensity of intervention. The number of hours requested should not itself establish whether treatment is medically necessary.
MEDICAL NECESSITY AND TREATMENT INTENSITY SHOULD BE BASED ON INDIVIDUALIZED FUNCTIONAL NEEDS
The proposed admission criteria identify several clinical characteristics, including communication deficits, social impairment, self-injury or aggression, disruptive or repetitive behaviors, and sensory integration difficulties. We recommend revising these criteria to more clearly distinguish diagnostic eligibility from treatment intensity.
A beneficiary’s diagnosis establishes eligibility for an autism-specific benefit; the intensity and scope of treatment should be determined by the beneficiary’s individualized clinical presentation and functional needs. We recommend that the criteria focus on clinically significant impairments identified through comprehensive diagnostic and behavioral assessment, including direct observation, caregiver report, standardized assessment instruments, and other clinically appropriate methods.
We recommend that the proposed criteria be revised to address the following domains, which generally align with the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnostic criteria for autism spectrum disorder (ASD):
This approach would better align the medical-necessity determination with the beneficiary's individualized functional needs.
The proposed policy requires direct family involvement “at a minimum weekly” and identifies assessment, training, observation, progress review, and goal updating as components of family involvement. We support meaningful caregiver participation as an important component of effective ABA services. However, a mandatory weekly participation requirement could operate as a hard cap or become a basis for denying or reducing medically necessary services when a caregiver encounters circumstances that temporarily prevent participation. Family participation should therefore be addressed through individualized clinical planning and documented efforts to engage caregivers.
We recommend that DMAS require providers establish:
DIAGNOSTIC TOOLS SHOULD BE IDENTIFIED AS EXAMPLES, NOT AN EXCLUSIVE LIST
In addition, our families have trouble finding diagnosing providers. In many cases, our wait lists for ABA assessments are 6-18 months long. Some of our diagnosing facilities, cut off the diagnostic age at 8 years old, which makes it difficult for our older families to get diagnoses and/or be revalidated. In addition, this becomes a barrier to care. While telehealth evaluations aren’t ideal, this is oftentimes, the only option for our rural families. Losing access to these assessments could become the difference between accessing help and not accessing help.
Lastly, with being in a rural area, access to services are already limited. By moving to an autism only diagnosis, this will prevent those children without an autism diagnosis to go without any sort of services in rural areas. This is an area that potentially needs to be addressed as our children may be left with even less options for services overall.
Respectfully,
Crystal Peterson Barker, BCBA, LBA