Ask the payer for a network exception, not a favor. Document that no in-network BCBA can see the child inside the plan’s own access standard, then request a written agreement priced per CPT code rather than one blended rate. Expect about four weeks. Unit overruns cause 29% of ABA denials, so pin the units down before you sign.
Most practices negotiate the rate and forget the units, and that is backwards. We see more money lost to an agreement that ran out of 97153 units in week 19 than to a rate that came in two dollars light. Authorization unit overruns caused 29% of ABA denials in our claim audit. Fix the unit cap first, then argue about the dollars.
Methodology:Figures come from four Luxen datasets: Luxen client data, 38 client practices, Jan 2024 to Jun 2026; Luxen billing reviews, 410 practice billing reviews, Jan 2025 to Jun 2026; Luxen claim audit, 61,400 claims audited, Jan 2025 to Jun 2026; and the Luxen Practice Manager Survey 2026, 286 practice managers, March 2026. Public rates come from the Florida AHCA 2026 Behavior Analysis Fee Schedule and Indiana IHCP Bulletin BT202627.
A single case agreement is a short contract between one out-of-network provider and one payer, covering one patient for a fixed set of codes, units and dates. The family is billed at the in-network benefit level and you are paid at a rate the two of you agree in writing. It does not make you in-network for anyone else.
Here is the part that costs practices weeks: no major national payer publishes a policy page using that phrase. UnitedHealthcare publishes a Network Gap Exception Request Form for cases where there are not enough clinicians in a local area or specialty. Cigna and Evernorth run a Network Adequacy Provision plus an Outpatient Behavioral Network Exception Request Form, which asks for diagnosis, CPT codes, service location and total hours requested. Call a behavioral health line and ask for a single case agreement and you may be told there is no such thing. Ask for a network exception and you get the form.
Cigna’s published behavioral health distance standard is 15 miles in urban and suburban areas and 25 miles in rural areas, against 25 miles for primary care and physician specialties. That number is the standard your network search has to beat.
Three situations carry almost all approvals: the plan has no in-network BCBA who can take the child inside its own access standard, the child is already in treatment with you and the plan changed underneath the family, or the child needs something the network cannot deliver, such as severe destructive behavior work billed under 0362T and 0373T.
The second case is the easiest win and the one practices under-use. A family that switched employers in March should not have to restart a behavior plan, and continuity arguments are cheap for a payer to approve.
Medicaid managed care is not a weaker case, it is a stronger one. Under 42 CFR 438.206(b)(4), if the provider network cannot deliver a covered service to a particular enrollee, the plan must cover that service out of network, adequately and timely, for as long as the network cannot provide it. Paragraph (b)(5) then requires the plan to coordinate payment with the out-of-network provider and to keep the enrollee’s cost no higher than it would be in network.
Layer EPSDT on top. For an enrollee under 21, section 1905(r) of the Social Security Act entitles the child to any medically necessary service that can be covered under federal Medicaid to correct or ameliorate a condition, whether or not the state plan lists it. CMS applied that directly to autism services in its July 2014 informational bulletin. A state Medicaid MCO with no in-network BCBA within reach of a nine year old is not exercising discretion, it is out of compliance. Write the request in those terms.
California shows what a clean version looks like. DHCS All Plan Letter 15-025 requires Medi-Cal managed care plans to offer continuity of care with an out-of-network behavioral health treatment provider for as long as 12 months, and sets the minimum agreed rate at the established Medi-Cal fee-for-service rate. That is a published rate floor you can quote back.
Work the sequence below in order. Skipping the first step is the single most common reason a request stalls in clinical review.
In our experience the stages run roughly three days to log the network search, five days to get a case manager assigned, nine days in clinical review, seven days negotiating the rate, and four days to get the countersigned copy back. That is about 28 business days end to end, and clinical review is where the time goes.
Our eligibility and prior authorization team runs the 270 and 271 checks and the network search log for ABA clients, which is what turns a four week request into a three week one. See how we handle eligibility and prior authorization.
Start from a published number, not from a percentage. All ten adaptive behavior codes, 97151 through 97158 plus 0362T and 0373T, are 15 minute timed codes. There is no per-session code in the family, so every rate conversation is a conversation about a quarter hour.
Two state Medicaid programs give you a defensible floor and a defensible ceiling. Florida’s 2026 Behavior Analysis Fee Schedule pays $12.19 a unit for 97153 and $19.05 for both 97151 and 97155. Indiana’s rates effective 1 April 2026 pay $16.04 a unit for 97153 and $25.97 at the top tier for 97151 and 97155. That is a 32% spread between two state programs for the identical code, which is your evidence that a payer’s first offer is a position, not a fact.
The chart shows Florida at $12.19 and Indiana at $16.04 a unit for 97153, and $19.05 against $25.97 for 97155.
Ask for a single number across the code set and the payer will average toward the technician line, because that is where the volume sits. A child at 25 hours a week of 97153 burns 100 units a week. Two hours of 97155 is eight. A blended rate anchored on the technician rate gives away the BCBA line entirely. Quote four numbers: 97151, 97153, 97155, 97156. Add 97154 and 97158 only if you run groups.
Take one child authorized for 25 hours a week of 97153 for 26 weeks, two hours a week of 97155, and an eight hour 97151 assessment. That is 2,600 units of 97153, 208 units of 97155 and 32 units of 97151. At Florida Medicaid rates the episode is worth $36,266. At a rate 30% above that floor, $15.85 for 97153 and $24.77 for 97155 and 97151, it is worth $47,154.80. The gap is $10,888.80 on one child. Thirteen hours of staff time to negotiate and clean up the first claims, at a loaded $48 an hour, costs $624. Net, $10,264.80.
That arithmetic is also the answer to whether the effort is worth it. One agreement pays for the work. Four of them a year, on the same payer, means you should be credentialing with that payer instead. New clinicians waited a median 96 days to go in-network with commercial payers in our billing reviews, so start that clock while the agreements carry the revenue. Our page on how long insurance credentialing takes has the payer by payer timelines.
A signed agreement that omits any of the following will cost you money later. Treat this as your single case agreement template checklist.
One trap worth naming. Under 42 CFR 422.520, a Medicare Advantage plan must pay 95% of clean claims from non-contracted providers within 30 days, but contracted providers are paid on the terms of their written agreement. The moment you sign, the federal 30 day floor may stop applying and your agreement’s own payment terms govern. Read that clause before you sign it, not after.
Because the payer’s claims system still has you flagged out-of-network while the contracting system has an agreement. You sit between the two, and the adjudication engine resolves that conflict against you.
Across our claim audit, eligibility and coverage errors caused 24% of denials, coding and modifier errors 21%, missing or invalid prior authorization 17%, duplicate claims 9% and timely filing 6%. On agreement claims the first three do most of the damage.
Send one test claim, not the backlog. Put the agreement reference number where the payer told you to put it, in writing, because box 19 on the CMS-1500 is not universal. Check the rendering provider matches the credential tier in the agreement, because an RBT line submitted under the BCBA’s NPI will deny even when the rate is right. Read the 835 remittance rather than the portal summary: the portal shows paid or denied, the remittance shows the reason code. If the denial is an out-of-network flag, call the contracting contact who signed the agreement. The general claims line cannot change that flag.
Then work the rest of the episode properly. In our billing reviews 19% of denied claims were never reworked or appealed, and timely filing caused 6% of denials with only 4% of those recovered. Agreement claims are exactly the ones that get set aside as complicated and then age out. Our denials and AR recovery work exists for that pile, and clean claim rate and days in AR are the two numbers that tell you whether it is being worked.
Unit exhaustion is the more common problem and the more expensive one. Authorization unit overruns caused 29% of ABA denials in our claim audit, and ABA re-authorizations took a median 12 business days in our client data. Twelve business days is close to three calendar weeks of sessions you have already delivered. Track the unit balance weekly against the cap in the agreement and file the extension when 70% of units are consumed, not when they are gone.
If the request itself is denied, the ladder is: internal appeal, external review, then the regulator. On an ERISA group health plan the claimant has at least 180 days to appeal under 29 CFR 2560.503-1(h)(3)(i), and an external review request must be filed within four months of the adverse determination notice under 45 CFR 147.136(d)(2)(i). Appeals we filed were overturned 68% of the time in our client data, and appeals took a median 34 days from filing to payer decision.
On 8 September 2026 the Department of Labor issued Field Assistance Bulletin 2026-03, setting out enforcement priorities for nonquantitative treatment limitations under the Mental Health Parity and Addiction Equity Act. Network adequacy standards, including network admission standards and provider reimbursement methodologies, are one of the three named priorities, and the accompanying compliance material flags disparate network gap or out-of-network exception processes as a red flag.
Be accurate about what is enforceable. The 2024 MHPAEA final rule at 89 FR 77586 is subject to a non-enforcement policy announced by the Departments on 15 May 2025 while the ERIC litigation proceeds, so plans may continue to rely on the 2013 rule. The statute, the 2013 rule and the comparative analysis requirement still apply. Cite those, not the 2024 provisions, and you will be on firmer ground than most of what is written about this.
One more accurate negative. The No Surprises Act does not protect routine outpatient ABA. Its non-emergency balance billing protections attach to services at a health care facility, defined at 45 CFR 149.30 as a hospital, hospital outpatient department, critical access hospital or ambulatory surgical center. Clinic, home and school based ABA is none of those, so federal independent dispute resolution is not available to you. What does apply is the good faith estimate requirement at 45 CFR 149.610 for uninsured or self-pay families, including families who have coverage and choose not to submit a claim.
If this is a recurring fight rather than a one-off, the whole revenue cycle around it has to hold, and the in-house versus outsourced choice is covered on our medical billing companies comparison. Outsourcing an ABA revenue cycle runs 3% to 6% of collections, a real cost to weigh. You can also send us your AR ageing report.
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Book the reviewFour terms get used interchangeably and they are not the same instrument. Asking for the wrong one sends your request to the wrong queue.
| Instrument | What it answers | Who decides | Typical duration | Ask for it when |
|---|---|---|---|---|
| Single case agreement | What will you pay this specific out-of-network provider for this patient | Contracting or network management | One authorization period, often 12 to 26 weeks | You have the patient and need a rate in writing |
| Network gap exception | Will you apply in-network benefits because the network has a hole | Utilization or network management | Tied to the approved episode | The directory has no reachable in-network BCBA |
| Prior authorization | Is this service medically necessary and how many units | Clinical review | Per authorization period | Always, and usually on top of the agreement |
| Transition of care | Can the patient finish a course of treatment after a plan change | Member services or care management | Commonly 60 to 180 days | The family changed plans mid treatment plan |
In practice you often need two of them at once. The gap exception or agreement settles the money, the prior authorization settles the units, and neither substitutes for the other. Getting a signed agreement and no authorization produces a denied claim at an agreed rate, which is the worst of both.
The hardest version of this problem, because the code set is entirely 15 minute units and the credential tier changes the rate. Price 97151, 97153, 97155 and 97156 separately, and confirm whether the payer recognises a BCaBA tier, as Florida does with the HN modifier at $19.17 for 97155. Watch the concurrent 97153 and 97155 rules, because an agreement that is silent on concurrent billing will be read against you. More on the code set on our ABA billing page. For talk therapy alongside ABA, the same exception process runs through the behavioral health carve-out, covered on our psychology billing page.
Agreements here usually turn on visit caps rather than unit caps, and the 8 minute rule decides how many units a visit yields. Unit errors under that rule appeared on 9% of therapy claims in our claim audit, and an agreement priced per unit against a payer counting visits produces a reconciliation argument every month. Pin down whether the cap is visits or units in writing. Our physical therapy billing page covers the rest.
Dental practices rarely use this route for routine work, but it matters for medically necessary procedures cross-coded to CPT, where the medical plan has no in-network oral surgeon in range. The agreement has to name whether it is adjudicated on the medical or the dental benefit. Dental practices wrote off a median $23,400 a year in restorative claims denied for missing narratives or X-rays in our billing reviews, and an exception request needs the same documentation the claim will.
Emergency transport is one of the few places the No Surprises Act does reach ground and air ambulance differently, so read the setting before assuming an agreement is even needed. For non-emergency repeat transports the agreement question is usually about the Physician Certification Statement, which was missing or unsigned on 18% of non-emergency transports in our claim audit. No PCS, no agreement worth having.
Rare, and almost always geography rather than specialty. The usable version is a transition of care request when a plan drops a practice mid year. Watch modifier 25: problem-oriented visits billed with an annual wellness visit lacked modifier 25 on 12% of claims in our audit, and those denials read as agreement failures when they are coding failures.
No. The agreement sets the rate and the contractual terms for one out-of-network provider treating one patient. The authorization sets medical necessity and the number of units for a defined period. Most ABA cases need both, and a signed agreement without a current authorization still produces denied claims. Confirm which department owns each one before you submit, because they are usually different teams with different turnaround times.
Often yes, but the filing clock is the constraint, not the payer’s willingness. Medicaid sets an outer limit of 12 months from date of service under 42 CFR 447.45(d)(1). Commercial deadlines are much shorter. Texas, for example, requires filing within 95 days of service regardless of contracting status. Ask for the retroactive effective date in writing and confirm the timely filing window that will apply to those claims.
Most run for one authorization period, commonly 12 to 26 weeks, and expire on a stated end date rather than when treatment ends. Renewal is not automatic. Put a reminder in at 70% of units consumed or 30 days before the end date, whichever comes first. ABA re-authorizations took a median 12 business days in our client data, so a request filed the week units run out is already late.
No, and that is the point of the instrument. It exists precisely because you are not in-network. Some payers will approve an agreement more readily once a credentialing application is in progress, because it signals the gap is being closed. If you are filing several agreements a year with the same payer, credentialing is the cheaper answer long term.
Open from a published fee schedule rather than a percentage. State Medicaid behavior analysis fee schedules are public and vary widely: Florida pays $12.19 per 15 minute unit of 97153 in 2026 while Indiana pays $16.04 from April 2026. Anchor on the higher comparable, quote a rate for each code separately, and be ready to show the network search that explains why the payer has no cheaper option.
Appeal internally first, then request external review. On an ERISA plan the claimant has at least 180 days to appeal and four months from the adverse determination notice to request external review. For Medicaid managed care, cite 42 CFR 438.206(b)(4) and, for a child under 21, EPSDT. Appeals we filed were overturned 68% of the time in our client data, with a median 34 days to a decision.
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