Florida Medicaid Children with Disabilities Recipients are being targeted by unethical businesses who ignore the IRS guidelines for 1099 workers. 

According to IRS.gov, 1099 employees are classified as "an individual is an independent contractor if the payor has the right to control or direct only the result of the work, not what will be done and how it will be done." 

The board (BACB) that governs RBT's, states on their website (bacb.com BACB Newsletter Nov 2018) that RBT's may not be independent contractors in the U.S. as an RBT is an individual who practices under the close, ongoing supervision of a BCBA, BCaBA, or FL-CBA and does not have control over how his or her duties are performed.

Florida ABA businesses continually struggle to staff W2 employees to provide services to medicaid recipients as there is an influx of providers unethically employing RBT's as 1099 independent contractors and offering a higher hourly rate of pay and incentives for more money to bring clients over from their previous W2 employers. 

This serious issue puts the Medicaid recipient at risk and further increases fraudulent activity that the state of Florida has aimed to decrease.