The Diagnostician Question · District of Columbia · 2026

The diagnostician question in District of Columbia

Who can give the autism diagnosis in District of Columbia, and what happens to your ownership if you bring that diagnostician in-house, with the operative statute quoted verbatim. This page carries what is specific to District of Columbia; the framework, the structure, and the 17-state comparison are in the diagnostician question hub.

Important · This is not legal advice

This page is general educational information about corporate-practice, professional-entity, and anti-kickback law as it affects applied behavior analysis practices in District of Columbia. It is not legal, tax, or business advice, it creates no attorney-client relationship, and it is not produced by an attorney. Confirm the verbatim text against the current official code and engage qualified healthcare-regulatory and tax counsel before acting.

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District of Columbia · classification
Flip on in-house

Bringing a diagnosing psychologist or physician in-house forces licensee ownership. Flip: separate licensee-owned diagnostic entity plus a management company.

Who may give the diagnosis in District of Columbia

The medical-necessity diagnosis is made by a licensed physician or a licensed psychologist. A BCBA may not diagnose ASD, so the diagnostician you would bring in-house is a psychologist or a physician, and both are professions the state may treat differently from behavior analysis.

How District of Columbia treats psychology and medicine ownership

The District requires that a professional corporation have as shareholders only individuals licensed to render the same professional service, and a professional service is one that may lawfully be rendered only pursuant to a license. Both psychology and medicine channel into licensee-owned entities.

Verbatim, D.C. Code § 29-501 (professional corporation)A corporation organized solely for the specific purposes provided under this chapter and which has, as its shareholders, only individuals who themselves are duly licensed to render the same professional service as the corporation.
Verbatim, D.C. Code § 29-501 (professional service)Any type of personal service to the public which may be lawfully rendered only pursuant to a license and which by law, custom, standards of professional conduct or practice in the District before December 10, 1971, could not be rendered by a corporation, including the services performed by certified public accountants, attorneys, architects, practitioners of the healing arts, dentists, optometrists, podiatrists, and professional engineers.

What bringing the diagnostician in-house does

Bringing a diagnosing psychologist or physician in-house forces licensee ownership. Flip: separate licensee-owned diagnostic entity plus a management company.

How to structure it in District of Columbia

Keep the ABA entity ABA-only and non-licensee owned, and put the diagnosis in a separate licensee-owned entity connected through a management company on fair-market-value, not volume-based, terms so the referral survives the federal Anti-Kickback Statute; or rely on an outside referral with no remuneration flowing for the referral. If the diagnostician is a physician and the payer is Medicaid, the federal physician self-referral rules add a layer that a psychologist does not trigger. The full three-entity structure is set out in the diagnostician question hub.

Confirm current requirements directly

The corporate-practice, professional-entity, and anti-kickback rules summarized here are amended and reinterpreted, and verbatim text is a starting point rather than a conclusion. The official District of Columbia code, the applicable federal safe harbor, and qualified healthcare-regulatory and tax counsel are the authoritative sources.

Last updated July 2026. The diagnosis-authority and diagnostician-ownership question for ABA practices in District of Columbia, with the operative provision quoted verbatim from the official code. Statutes and safe harbors change and are interpreted by agencies and courts. Nothing here is legal, tax, or financial advice. Confirm against the official code and consult qualified counsel before structuring a diagnosis-and-treatment arrangement.