The Diagnostician Question · Illinois · 2026

The diagnostician question in Illinois

Who can give the autism diagnosis in Illinois, 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 Illinois; 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 Illinois. 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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Illinois · classification
Flip on in-house

Bringing the diagnostician in-house forces licensee ownership. ABA is already a licensed-ownership mandate in Illinois, so this is consistent with keeping outside capital in a separate management company. Flip: diagnosis in a licensee-owned entity.

Who may give the diagnosis in Illinois

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 Illinois treats psychology and medicine ownership

Clinical psychology in Illinois must operate through a professional entity owned entirely by licensed clinical psychologists, and no non-licensee may hold any part of the ownership, management, or control of a professional service corporation. Medicine is physician-only under the Medical Corporation Act.

Verbatim, 805 ILCS 185/ (professional LLC)the practice of clinical psychology unless all the managers and members are licensed to practice as a clinical psychologist under the Clinical Psychologist Licensing Act.
Verbatim, 805 ILCS 10/15 (professional service corporation)No person who is not licensed in that category of professional service or related professional services shall have any part in the ownership, management or control of the corporation.

What bringing the diagnostician in-house does

Bringing the diagnostician in-house forces licensee ownership. ABA is already a licensed-ownership mandate in Illinois, so this is consistent with keeping outside capital in a separate management company. Flip: diagnosis in a licensee-owned entity.

How to structure it in Illinois

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 Illinois 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 Illinois, 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.