A consumer group argued that non-licensed therapists who are certified by the Behavior Certification Board (BACB) who provide Applied Behavioral Analysis (ABA) to treat autism should be covered by the Department of Managed Health Care (DMHC) which has jurisdiction over health plans commonly known as health maintenance organizations. [In contrast, the Department of Insurance has jurisdiction over health plans commonly known as provider organizations or PPOs.] The appellate court concluded “BACB-certification has implicitly been recognized as an exception to the licensing laws and, therefore, DMHC can no longer uphold a plan’s denial of coverage for ABA on the basis that a BACB-certified provider is not licensed. (Consumer Watchdog v. Department of Managed Health Care (Cal. App. Second Dist., Div. 3; September 10, 2013) 219 Cal.App.4th 593.
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