From ADEA <[email protected]>
Subject ADEA Advocate – March 6, 2024
Date March 6, 2024 3:31 PM
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American Dental Education Association


Volume 3, No. 33, March 6, 2024

Congress Extends Deadline Budget Bills
 
Congress passed legislation extending the deadline to pass the 12 appropriations bills for fiscal year (FY) 2024. Six bill deadlines were extended to March 8 and the other six, including the Labor-HHS-Education bill, were extended to March 20. The bill to extend the deadlines passed both houses by a large bipartisan margin.
 
In related matters, President Joe Biden will deliver his annual State of the Union message to Congress on March 7. Following that address, he will release his FY 2025 budget requests on March 11.
 
U.S. Supreme Court Rejects Request to Halt Race-Conscious Admissions at West Point
 
Earlier this month, the Supreme Court rejected an emergency petition [ [link removed] ] to block the United States Military Academy West Point’s race-conscious admissions policies.
 
In January, the anti-affirmative action group, Students for Fair Admissions (SFFA), filed an emergency petition with the high court to overturn a lower court decision that temporarily allowed West Point to continue to use race in admissions while a challenge against the practice proceeds. The Biden administration had urged justices to reject the petition, arguing that the Army has “a compelling interest in the diversity of its cadets” because West Point serves as a direct pipeline for future military leaders.
 
“The record before this Court is underdeveloped,” the Supreme Court wrote in an order. The Justices noted that the “order should not be construed as expressing any view on the merits of the constitutional question.”
 
No justice noted any dissent, and the unsigned statement did not indicate that it came from any particular justice.
 
The Supreme Court’s brief statement aligns with lower court concerns. Judge Philip Halpern of the Southern District of New York, in the case against West Point, and Judge Richard Bennett of the District Court of Maryland, who is overseeing a similar challenge against the United States Naval Academy, have ruled that SFFA has not yet established a factual record proving that the federal government’s consideration of race in admissions is not being used to further compel governmental interests and is not narrowly tailored. Therefore, SFFA’s emergency petition is denied.
 
Reps. DeGette and Burgess Reintroduce the Preventive Health Savings Act
 
U.S. Reps. Diana DeGette (D-Colo.) and Michael C. Burgess (R-Texas) want to reform how the Congressional Budget Office (CBO) evaluates the cost of preventive health measures. Their proposed bill, H.R.766 Preventive Health Savings Act [ [link removed] ] , advocates for a 30-year horizon in the CBO's scoring system, emphasizing the long-term financial benefits of preventive health strategies. The legislation highlights a growing recognition of the disparity between the current CBO methodologies, which focus on shorter time frames, and the economic advantages associated with preventative health care measures.
 
The heart of the dispute lies in the traditional scoring methods employed by the CBO, criticized for inadequately capturing the extended-term savings resulting from preventive health care. Critics argue that the current system fails to consider the substantial cost reductions associated with decreased disease incidence and improved public health over decades. The bipartisan bill introduced by DeGette and Burgess reflects a shared acknowledgment among lawmakers that a scoring system aligning more closely with health care economics, particularly in the context of prevention, is needed.
 
For the past 10 years, Reps. DeGette and Burgess have reintroduced their bill. Their most recent introduction was on Feb. 2. A companion bill, S. 114 Preventive Health Savings Act [ [link removed] ] , was also introduced in the Senate by U.S. Sens. Ben Cardin (D-Md.) and Mike Crapo (R-Idaho).
 
H.R. 766 was referred to the U.S. House of Representatives’ Budget Committee and marked up in committee on Feb. 6. It now moves to the House floor.

Medicaid Expansion Bill Passes Mississippi House
 
Legislation [ [link removed] ] that would expand Medicaid to include individuals between the ages of 19 and 65 who earn up to 138% of the federal poverty level passed the Mississippi House of Representatives on Feb. 28. If enacted, the bill would create a plan called Healthy Mississippi Works (HMW), which would require enrollees to meet either one of the following criteria:
 
 • Work 20 hours per week;
 • Be enrolled as a full-time student in secondary or post-secondary education; or
 • Be enrolled full-time in a workforce training program.

The bill was authored by the Speaker of the House Jason White (R) and passed on a 98-20 vote. The bill will now be sent to the Senate for consideration. It has been reported the Senate is likely to introduce a competing proposal [ [link removed] ] , which may serve as a basis for further negotiations. Gov. Tate Reeves (R) has been a vocal opponent of Medicaid Expansion and released a statement [ [link removed] ] after the bill’s passage that claimed, “145,000 people will be moved from private insurance plans to government health care” and the bill would create, “More free stuff for everyone—except for taxpayers…”.
 
Opioid Prescribing Bills Moving in Several States
 
Legislation that would change requirements for prescribing opioids is moving in several states.
 
In Alabama, a bill passed [ [link removed] ] the House of Representatives that would allow dentists to designate up to two employees who are permitted to have access to the state’s Prescription Drug Monitoring Program on the dentist’s behalf.
 
In Oregon a bill has passed [ [link removed] ] both chambers of the legislature that will allow the state to notify a practitioner when the practitioner’s patient has experienced a fatal or nonfatal overdose within one year from the date on which a drug prescribed by the practitioner was dispensed to the patient. This bill will now be sent to Gov. Tina Kotek (D) for consideration.
 
In Virginia, a pair of bills are moving through the legislature:
 
 • HB 699 [ [link removed] ] requires various health professions boards in the state, including the Board of Dentistry, to amend their regulations to require that practitioners provide patient counseling prior to issuing a prescription for an opioid to treat acute or chronic pain. Among the topics prescribers would be required to discuss with patients are the risks of addiction and overdose, the reason a medication is being prescribed and possible alternative treatments. This bill recently passed both chambers of the legislature and will be sent to Gov. Glenn Youngkin (R) for consideration.
 • HB 1185 [ [link removed] ] directs the Board of Health to report patient-level data information on patients who overdose on opioids to the Department of Health Professions for use in the Prescription Monitoring Program. The bill requires practitioners to obtain such data when prescribing opioids. This bill recently passed the House of Delegates and is now under consideration in the Senate.

Finally, in West Virginia, legislation has passed the House of Delegates that would require insurance coverage for a nonopioid drug for the treatment of pain for patients with substance use disorder. This bill is now under consideration in the Senate.
 
Advocate Going on Brief Hiatus
 
The ADEA Advocate will not be published next week. The AGR staff will be in New Orleans for the 2024 ADEA Annual Session & Exhibition, “New Beginnings Endless Opportunities”, from March 9-12. If you need an advocacy update, look us up in the “Big Easy” and we will provide one in-person!

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ADEA Advocacy in Action
This appears weekly in the ADEA Advocate to summarize and provide direct links to recent advocacy actions taken by ADEA. Please let us know what you think and how we might improve its usefulness.
 
Issues and Resources
 • ADA Dentist and Student Lobby Day, Apr. 7-9, 2024. Register here [ [link removed] ] .
 • ADEA report [ [link removed] ] on teledentistry
 • ADEA report [ [link removed] ] on the Impact of the COVID-19 Pandemic on U.S. Dental Schools
 • ADEA policy brief [ [link removed] ] regarding overprescription of antibiotics
 • For a full list of ADEA memos, briefs and letters click here [ [link removed] ] .

Key Federal Issues [ [link removed] ]

ADEA U.S. Interactive Legislative and Regulatory Tracking Map [ [link removed] ]

Key State Issues [ [link removed] ]

The ADEA Advocate [ [link removed] ] is published weekly. Its purpose is to keep ADEA members abreast of federal and state issues and events of interest to the academic dentistry and the dental and research communities.
 
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American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
Tel: 202-289-7201
Website: www.adea.org [ [link removed] ]

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B. Timothy Leeth, CPA
ADEA Chief Advocacy Officer
 
Bridgette DeHart, J.D.
ADEA Director of Federal Relations and Advocacy
 
Phillip Mauller, M.P.S.
ADEA Senior Director of State Relations and Advocacy
 
Contact Us:
[email protected] [ mailto:[email protected] ]

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