California mandate law
California law requires most health insurance plans to cover Applied Behavior Analysis therapy for children with autism spectrum disorder. This mandate has been in effect since 2012 and covers services deemed medically necessary.
Key law: SB 946 (2011)
California's SB 946 mandates ABA coverage for ASD and prohibits plans from imposing visit limits, dollar limits, or age restrictions that don't apply to other medical conditions (mental health parity law).
What this means in practice:
- Most private insurance plans sold in California must cover ABA if your child has an ASD diagnosis
- Medi-Cal covers ABA for eligible children under the Early Intervention and School-Based services programs
- Plans cannot arbitrarily cap the number of hours or set unreasonably low limits
- Plans must apply mental health parity — they cannot treat ABA more restrictively than other medical services
Important exception: self-funded employer plans (ERISA plans) are governed by federal law and may not be subject to California's mandate. If your insurance is through a large employer, ask your HR department whether the plan is self-funded.
Understanding your plan
Before you call a provider, know your own plan. Pull out your insurance card and the summary plan description (SPD), or log into your insurer's website. You want to know:
In-network vs. out-of-network
In-network providers have a contract with your insurer at negotiated rates. Out-of-network providers are billed at full rates, with your plan covering a percentage (or nothing, for some HMO plans). Most families find ABA through in-network providers — it's significantly less expensive.
Deductible and out-of-pocket maximum
Your deductible is the amount you pay before insurance starts paying. Your out-of-pocket maximum is the most you'll pay in a plan year before insurance covers 100%. Intensive ABA (20+ hours per week) can hit your out-of-pocket maximum quickly in early months.
Copays and coinsurance
After your deductible, you typically pay a copay (flat fee per session) or coinsurance (a percentage of the allowed amount). At 20 hours per week, even a $20 copay adds up to $400/month or more.
Questions to ask your insurer
— Is ABA therapy covered under my plan? What is the diagnosis code required (typically F84.0)?
— Is prior authorization required? What does that process look like?
— What is the in-network benefit for ABA? What is the out-of-network benefit?
— Are there any visit limits or hour limits per week or year?
— Who are in-network ABA providers in my zip code?
Prior authorization
Prior authorization (also called prior auth, pre-authorization, or pre-cert) is the process of getting your insurance company's approval before therapy begins. Most plans require it for ABA.
Here's what typically happens:
- Your ABA provider submits a request, including your child's diagnosis, the BCBA's treatment plan, and supporting documentation
- The insurer reviews the request and determines whether services are medically necessary
- If approved, the authorization specifies the number of hours per week and the authorization period (typically 6 months to 1 year)
- When the authorization period ends, the provider must submit for re-authorization, typically with updated progress data
Prior authorization takes time — often 2–4 weeks, sometimes longer. Starting the process promptly after the diagnostic report is available is one of the most important things you can do to minimize the wait before therapy begins.
Important
Never begin services that require prior authorization without receiving confirmation of approval in writing. Verbal approvals from phone representatives are not sufficient — get it in writing (a prior auth letter or confirmation number) before the first session.
Reading your Explanation of Benefits (EOB)
After each claim is processed, your insurance company sends or posts an Explanation of Benefits. This document explains what was billed, what was allowed, and what you owe. It is not a bill — your provider will send a separate bill.
Key columns to understand:
- Amount billed: What the provider charged. Ignore this number — it's not what you'll pay.
- Not covered / plan discount: The amount reduced under your insurer's contracted rates with in-network providers, or excluded for out-of-network services.
- Applied to deductible: The amount applied toward your annual deductible.
- Plan paid: What your insurance company actually paid.
- Your responsibility: What you owe after insurance pays — copay, coinsurance, or deductible portion.
If something looks wrong on an EOB — services you didn't receive, dates that don't match, amounts that seem high — contact your insurer's member services line and ask for a line-by-line explanation. Billing errors happen.
When coverage is denied
Insurance denials are common and are not final. They fall into a few categories:
Administrative denials
These happen due to missing information, incorrect codes, or paperwork errors. They're usually resolved quickly by your provider's billing team resubmitting with corrections.
Medical necessity denials
The insurer claims the services are not medically necessary. This is the most common type of substantive denial. It can be challenged through an internal appeal and, if necessary, an external review.
Out-of-network denials
If your provider is out-of-network, the claim may be denied under your plan type (common with HMOs). In some cases, a single-case agreement can be negotiated if no adequate in-network provider is available.
Authorization lapses
If therapy continues beyond an authorization period without a re-authorization being submitted and approved, claims will be denied. This is a preventable administrative issue — your provider should track authorization expiration dates.
How to appeal a denial
You have the right to appeal any insurance denial. Here's the process:
Step 1: Request the denial in writing
Ask for the formal denial letter, including the specific reason for denial and the criteria used to make the decision. You're entitled to this information.
Step 2: Internal appeal
Submit a written appeal to your insurer, including your child's diagnosis documentation, the treating BCBA's clinical notes and treatment plan, peer-reviewed research supporting ABA for ASD, and a clear argument for medical necessity. Your provider should help prepare this documentation.
California law requires insurers to respond to urgent appeals within 72 hours and standard appeals within 30 days.
Step 3: External independent review
If your internal appeal is denied, you can request an external independent medical review through the California Department of Managed Health Care (DMHC). This is a free service. An independent reviewer — not employed by your insurer — evaluates the medical necessity determination. Insurance companies are required to comply with the reviewer's decision.
California DMHC
The Department of Managed Health Care has a Help Center for consumers who need assistance with insurance disputes. Online: dmhc.ca.gov · Phone: 1-888-466-2219
When to involve your provider
Your ABA provider should have experience with the appeals process and should be your partner in it. Don't go it alone. Ask your BCBA or the practice's billing team what documentation they can provide to support your appeal.
Need help navigating this?
Insurance is complicated, and the process can feel designed to discourage persistence. It's not — or at least, persistence works. Most families who appeal an initial ABA denial get services authorized eventually.
If you're working with Kindaya, our team will help you navigate the prior authorization process from the start. If you're not yet working with us and have questions about whether your plan should cover ABA, call us — we're happy to help you figure out where to start.
We'll help you figure out your coverage.
Not sure what your insurance covers or where to start? We'll walk through it with you at no cost — no commitment required.
Insurance Overview → Talk to Us