Rates for Applied Behavior Analysis

Commonwealth of Massachusetts Executive Office of Health and Human Services

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Wednesday, June 17, 2026, at 11:00 a.m. on the adoption of amendments to the following regulation.

101 CMR 358.00.00: Rates for Applied Behavior Analysis

The proposed regulation contains rates effective for dates of service on or after December 1, 2026. There is no fiscal impact on cities and towns.

Under M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish and periodically review the rates to be paid by governmental units for non-institutional health care services, including applied behavior analysis (ABA) services provided under MassHealth. ABA services are an array of home- and community-based services for MassHealth members younger than 21 with a diagnosis of autism spectrum disorder or Down syndrome. EOHHS reviewed the rates in 101 CMR 358.00 and proposes to maintain the current rates.

EOHHS is proposing these amendments, subject to federal approval, to ensure that payment rates are consistent with efficiency, economy, and quality of care and to satisfy the requirements of M.G.L. 118E, Sections 13C and 13D. It is estimated that annual aggregate MassHealth expenditures will not change as a result of the proposed amendments. The amendments are not expected to impose new costs on small businesses, and any impact on small business providers will vary based on the volume of services provided.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to mass.gov/service-details/executive-office-of-health-and-human-services- public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to [email protected] as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on June 17, 2026. EOHHS specifically invites comments

as to how the amendments may affect beneficiary access to care for MassHealth- covered services.

To review the current draft of the proposed regulation, go to mass.gov/service- details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at [email protected] or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at mass.gov/service-details/executive-office- of-health-and-human-services-public-hearings.

May 22, 2026