NEW YORK · BEHAVIORAL HEALTH
Selling a behavioral health practice in New York
New York licenses behavior analysts under Education Law Article 167, covers ABA through Medicaid for members under 21 with autism or Rett syndrome, and requires OASAS approval when a certified addiction treatment provider changes ownership or operator. Larger deals also trigger 30 days' public notice to the Department of Health under Article 45-A, which applies to physician practices and MSOs as well as facilities.
By Akim Guennani, Founder · Updated October 2026
New York behavioral health at a glance
| Behavior analysts | Licensed under Education Law Article 167 (LBA and CBAA), since July 2014 |
|---|---|
| Medicaid ABA | Members under 21 with autism spectrum disorder or Rett syndrome |
| Addiction treatment | Certified by the Office of Addiction Services and Supports (OASAS) |
| OASAS change of ownership | Requires an OASAS application and approval |
| Transaction notice | Article 45-A: 30 days before closing, includes practices and MSOs |
ABA therapy: licensed analysts and Medicaid coverage
New York has licensed the practice of applied behavior analysis since July 1, 2014, when Article 167 of the Education Law took effect. It created two credentials: the licensed behavior analyst and the certified behavior analyst assistant. A buyer will check every clinician's New York license, not just their board certification.
New York Medicaid covers ABA delivered by enrolled licensed behavior analysts and certified assistants for fee-for-service and managed care members under 21 with autism spectrum disorder or Rett syndrome, after a referral from a qualifying New York licensed clinician. Buyers look at your mix of Medicaid managed care, commercial, and school district revenue, and at how authorizations have trended since managed care plans took on the benefit.
Addiction treatment: OASAS approval of the new owner
Substance use disorder programs in New York operate under operating certificates from the Office of Addiction Services and Supports. OASAS runs a specific application for changes in ownership or operator of an existing certified provider, including mergers with another certified provider, and the new owner cannot step in until it is approved.
That approval sits on the critical path to closing. Buyers will want to know which programs and certificates are involved, whether any are under corrective action, and how long OASAS reviews have taken for similar providers.
Mental health practices and MSO structures
Outpatient practices owned by licensed professionals are usually acquired through a management services organization, with the clinical entity staying in professional hands. Article 45-A explicitly covers physician practices, groups, and management services organizations, so a sizable MSO transaction can need 30 days' notice to the Department of Health, which then posts a public summary.
If your clinic holds an Office of Mental Health operating certificate rather than operating as a private group practice, plan for state approval of the new operator as part of the timeline.
What New York buyers underwrite
Across segments, these items move price the most in New York.
- Regulatory path
- OASAS or OMH approval, Article 45-A notice, and how they line up with closing.
- Clinician licensure
- New York licenses for every analyst, therapist, and prescriber, plus tenure and caseload.
- Payer contracts
- Medicaid managed care, commercial, and school district contracts in the practice's name.
- Documentation
- Authorization, treatment plan, and level of care records that support billing.
Sources
Rules change. This page summarizes public sources as of the review date and is educational, not legal, tax, or regulatory advice. Confirm licensing and change of ownership steps with counsel and the relevant state agency before signing.
- 1. Applied Behavior Analysis services policy manual (New York State Medicaid (eMedNY))
- 2. Certified behavior analyst assistants FAQs (Article 167) (New York State Education Department, Office of the Professions)
- 3. Instructions for changes in ownership or operator of an existing facility (New York State Office of Addiction Services and Supports)
- 4. Required reporting of material transactions (Article 45-A) (New York State Department of Health)
Reviewed October 2026
Questions New York owners ask
Straight answers, before you commit to anything.
Do behavior analysts need a New York license?+
Yes. Since July 1, 2014, Education Law Article 167 has required licensure for behavior analysts and certification for behavior analyst assistants practicing in New York.
Does New York Medicaid cover ABA?+
Yes, for fee-for-service and managed care members under 21 with autism spectrum disorder or Rett syndrome, when delivered by enrolled licensed behavior analysts or certified assistants.
Can a buyer take over my OASAS-certified program at closing?+
Only after OASAS approves the change in ownership or operator through its application process. Build that approval into the closing timeline.
Does Article 45-A apply to behavioral health practices?+
It can. Article 45-A covers physician practices, groups, MSOs, and other health care entities, so a material transaction requires notice to the Department of Health 30 days before closing.
Related guides
Behavioral health in other states
- Selling a behavioral health practice in Texas
- Selling a behavioral health practice in Florida
- Selling a behavioral health practice in California
- Selling a behavioral health practice in Pennsylvania
- Selling a behavioral health practice in New Jersey
- Selling a behavioral health practice in Ohio
- Selling a behavioral health practice in Illinois
- Selling a behavioral health practice in Georgia
- Selling a behavioral health practice in North Carolina
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- Selling a behavioral health practice in Massachusetts
- Selling a behavioral health practice in Arizona
- Selling a behavioral health practice in Virginia
- Selling a behavioral health practice in Maryland
- Selling a behavioral health practice in Tennessee
- Selling a behavioral health practice in Colorado
- Selling a behavioral health practice in Washington
- All states →
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