INDIANAPOLIS — The future of funding for autism treatment in Indiana remains up in the air.
This year, Governor Mike Braun said Indiana needs to look at how and where Medicaid dollars are being spent on services like ABA therapy for autism.
The concern surrounds nondisclosure agreements.
The Family and Social Services Administration of Indiana said NDA's are a standard tool to protect volunteers and support conversations.
The administration said it has been transparent from the start. However, state reps say questions are going unanswered.
"Those individuals who are operating at these facilities, who are taking care of families each and every day, are left in the dark, including two members on that working group, which are elected officials who still cannot even report back to their district about what is being discussed," said Rep. Maureen Bauer.
Representatives Maureen Bauer and Victoria Garcia Wilburn feel non-disclosure agreements (NDA's) are hurting the ability to talk about ABA services and the future.
"If there was any concern that there would be some sort of trade secrets revealed, state law already protects members of these working groups," said Rep. Bauer.
"Our tax dollars are paying for their presence; the community has a right to know," said Rep. Garcia Wilburn.
WRTV asked Governor Mike Braun how members of the task force are selected and the reason for NDA's.
"All that we're trying to work through because so many people want to come here for it. That's something that you generally don't have to deal with. It also begs the question, well, if people are moving in from other places, how do we do it sustain it over time? That's a phenomenon that wasn't dealt with because it hadn't been around long enough with the prior administration," said Gov. Braun.
He said Medicaid payments for ABA services have skyrocketed and attracted many to Indiana.
FSSA calls the lawmakers' opposition unfortunate.
Garcia said she tried to get involved.
"My office put a formal letter of request out to the committee, given my background and unique area of expertise," she said.
The representatives are worried that slashing funding will put more strain on teachers and families.
"That is a very big concern as to why we want transparency in these decision-making spaces," Rep. Bauer said.
"Because of the changes in eligibility for Medicaid and the changes in waivers, some of these cuts have already gone into effect. Now, the autism community was duly burdened, and so as this train was moving very fast, there was an attempt to slash services nearly in half. Thankfully, the governor paused this fast-moving train and is allowing us to take a deeper look at this," said Rep. Garcia.
"However, I will emphasize that oftentimes in fraud spaces and healthcare fraud spaces, there are bad actors. And so there are several measures of regulatory oversight that can be accomplished through these autism centers that don't impact the people needing the services. And I remain steadfast for that sort of resolution, not harming our children, not harming our families, but taking those bad actors and holding them accountable," she added.
A formal report outlining cost containment strategies must be given to the governor by the end of November.
FSSA Statement:
"NDAs are a standard tool to support honest, solution-focused dialogue. They protect volunteers from political pressure—not public accountability. They allow experts to give honest advice to the Governor without fearing reprisals from their employers, industry, or grandstanding politicians.
This process has been transparent from the start. The ABA working group held six meetings—each with publicly posted minutes—and five public listening sessions - including a statewide virtual session to ensure broad -access.
It’s unfortunate that the legislators now criticizing the process chose not to engage when the opportunity was open and ongoing, but we are grateful to the legislators who did participate in the process, two of whom served on the working group.
Final recommendations will be released publicly. We welcome meaningful participation from all stakeholders and encourage those with concerns to engage directly with the process by emailing abaworkgroup@fssa.in.gov, instead of mischaracterizing it."
Statement from Rep. Garcia Wilburn in response to FSSA:
"If the public's fear of retribution for expressing policy opinions were truly a problem for the commissions and task forces within Indiana state government, then you would think we'd have a difficult time filling lay appointments to those committees. There is no such case.
"The existence of NDAs means that the working group appointees may not be able to take their policy discussions back to their respective organizations and stakeholders to discuss and reach the most optimal policy for the children who rely on ABA therapy. I am disappointed that routine government processes are being characterized as something that needs to be kept from the public. As anyone who has experienced our health care system knows, it is a convoluted system that needs more transparency, not less, especially when it comes to Hoosier children."
