New ABA therapy workgroup’s use of NDAs draws criticism

Two Democrats criticized the use of non-disclosure agreements in a working group focused on studying Applied Behavior Analysis therapy practices, a type of approach commonly prescribed to children with Autism Spectrum Disorder. But the leading state agency defended the NDAs as a “standard tool” to insulate members from outside pressure.

Twenty-one agency leaders, health industry professionals, disability advocates and others started meeting earlier this year, with an emphasis on studying the state’s growing Medicaid obligation under a gubernatorial executive order.

Reps. Maureen Bauer and Victoria Garcia Wilburn shared concerns about the NDAs in a joint press release, urging Gov. Mike Braun to “end the secrecy.”

“Autism services are too important for closed-door politics,” said Garcia Wilburn, a licensed occupational therapist. “This should be an open, bipartisan conversation, not one limited by NDAs. Hoosier families deserve to know what’s at stake and how decisions are being made. Especially when those decisions are being justified as cost-cutting fiscal conservatism, instead of centered on children’s needs.”

Garcia Wilburn, of Fishers, shared that she’d submitted a formal request to join the group but received no response.

“Families across Indiana depend on Medicaid services to access life-changing therapies. They deserve transparency and accountability, not secrecy,” said Bauer, of South Bend.

ABA therapy is commonly used to improve social, communication and learning skills in children and young adults with autism or other developmental disorders. Some critics, however, object to the teaching tool and say it encourages compliance over independence. Additionally, some practitioners coupled it with electroshock therapy as late as 2022.

But a spokesperson for the Family and Social Services Administration defended the use of the agreements, saying the “process has been transparent from the start.”

“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,” said Marcus Barlow.

All five of the public listening sessions are recapped on the state’s website along with the working group’s six meetings.

“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,” said Barlow.

Both Reps. Robb Greene and Lori Goss-Reaves are Republicans. Barlow encouraged the public to reach out with their concerns by emailing abaworkgroup@fssa.in.gov.

A draft report will be circulated among members by mid-September for review. A final report is due to the Governor’s Office by the end of November.

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