When do Minnesota EIDBI billing limits begin?

Under Minnesota Statutes, section 256B.0949, subdivision 20, the limits apply July 1, 2027, or upon federal approval, whichever is later: 40 hours a week of intensive services, two hours a day of travel, 20 hours a week of observation and direction, and 300 units a year of individual treatment planning. DHS must grant exceptions for medically necessary services.

Minnesota EIDBI freeze on new agencies extended to April 30

Minnesota extended its freeze on enrolling new EIDBI autism therapy agencies through April 30, 2027, after CMS approved six more months. Agencies with a provisional license approved by Dec. 31 may add sites, and new billing limits start no earlier than July 1, 2027.

policy · minnesota · eidbi · autism · provider-enrollment · moratorium · licensing · deep-dive

Direct Support News desk · October 27, 2026 · Updated October 31, 2026 · 3 min read

Minnesota will keep new agencies from enrolling to provide Early Intensive Developmental and Behavioral Intervention (EIDBI) services through April 30, 2027. The Department of Human Services announced in an Oct. 27 notice that the Centers for Medicare & Medicaid Services had approved another six-month extension of the freeze, which was set to end Oct. 31.

EIDBI is Minnesota's Medicaid benefit for people under 21 with autism spectrum disorder or a related condition, and it pays for therapies such as applied behavior analysis. The enrollment freeze began Nov. 1, 2025, and was extended once before, through Oct. 31, 2026.

What the extension allows and blocks

According to the DHS notice:

New EIDBI agencies still cannot enroll in Minnesota Health Care Programs.
Agencies approved for a provisional license before Dec. 31, 2026, may enroll new locations.
Individual providers may still enroll and affiliate with agencies that are already enrolled and provisionally licensed.
The freeze does not affect enrollment of people who receive services.
DHS may extend the freeze again in six-month increments.

The notice cites the 2025 state law, Laws of Minnesota 2025, chapter 9, article 6, that authorized the moratorium. It does not give a new reason for this extension. Breaking News ABA first reported the extension on Oct. 30.

Provisional licenses decide who can grow

The extension ties expansion to Minnesota's new EIDBI provisional licensing process. Under Minnesota Statutes, section 245A.142, agencies enrolled before July 1, 2025, had until May 31, 2026, to apply for a provisional license, and an agency that did not apply had to stop operating and be disenrolled. DHS must either issue a provisional license or deny each application by Dec. 31, 2026. A provisional license stays in effect until comprehensive EIDBI licensing standards take effect.

That means agencies whose provisional license applications are approved by year's end can open new sites during the freeze, while those still waiting cannot.

Billing limits come next

A separate change is already in statute. Under Minnesota Statutes, section 256B.0949, subdivision 20, added by the 2026 human services law, EIDBI billing limits begin July 1, 2027, or upon federal approval, whichever is later:

Intensive services: 40 hours per week per recipient
Travel: two hours per day per recipient
Observation and direction: 20 hours per week per recipient
Individual treatment planning: 300 units per year per recipient

DHS must grant exceptions when more services are medically necessary. Providers must apply for an exception on DHS forms, and the statute says the department's decision "is final and not subject to appeal."

What this means for providers and DSPs

For EIDBI provider agencies already in the program, the extension keeps new competitors out for at least six more months, but growth depends on getting a provisional license approved by Dec. 31. Agencies with pending applications should watch for DHS decisions and keep their enrollment and licensing paperwork current.

For organizations hoping to enter the EIDBI market, there is no path to enroll a new agency before May 2027 at the earliest, and DHS can extend again.

For frontline direct care workers, such as behavior technicians, individual enrollment and affiliation with enrolled, provisionally licensed agencies remain open, so the freeze should not by itself block workers from changing employers. The 2027 billing limits may change how many hours agencies schedule per child, which could affect staff hours.

Families are not blocked from enrolling in EIDBI, but in parts of the state with few enrolled agencies, the freeze may limit choice of provider. Minnesota has paired these limits with heightened fraud enforcement in EIDBI; on Oct. 29 the state Medicaid Fraud Control Unit served search warrants at two EIDBI providers.