From ADEA <[email protected]>
Subject ADEA Advocate - March 24, 2023
Date March 24, 2023 2:25 PM
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American Dental Education Association


Volume 2, No. 91, March 24, 2023

The Medicaid Dental Benefit Act Reintroduced in the 118th Congress
 
U.S. Rep. Nanette Barragán (D-CA) and U.S. Sen. Ben Cardin (D-MD) reintroduced The Medicaid Dental Benefit Act of 2023 (H.R. 1342)(S. 570 [ [link removed] ] ). This legislation would extend comprehensive dental health benefits to all adults who rely on Medicaid, replacing the current state-by-state system and providing mandatory dental coverage to all of the nearly 48 million adults currently on Medicaid.
 
The Medicaid Dental Benefit Act would require state Medicaid programs to provide mandatory adult dental and oral health services and provide coverage to prevent and treat disease, promote oral health, restore oral structures to health and function, reduce pain and treat emergency conditions. This coverage would include:
 • routine diagnostic and preventive care, including but not limited to dental cleanings, exams, prophylaxis, fluoride treatments, X-rays and other necessary services;
 • basic dental services, such as fillings and extractions, and major dental services, such as root canals, crowns, restorations and both complete and partial dentures including adjustments, repairs and relines;
 • emergency dental care;
 • Temporomandibular (TMD) and orofacial pain disorder treatment; and
 • other necessary services related to dental and oral health, as defined by the U.S. Secretary of Health and Human Services.

 
The bill was referred to the House of Representatives’ Energy and Commerce Committee and to the Senate’s Finance Committee.

FY 2024 President’s Budget Request
 
Last week, President Biden released his fiscal year (FY) 2024 requested budget allocations for the federal government. The Appropriations Committees will now begin hearings and the Budget Committees of the U.S. House of Representatives and Senate are at work on an overall topline discretionary budget between now and mid-May. The important numbers from those discussions are total revenue, total spending and the resulting deficit or surplus.
 
In FY 2023, the current fiscal year, Congress provided Oral Health Training Programs with $42.7 million, earmarking within the overall appropriation $13 million for General Dentistry Residencies and $13 million for Pediatric Dentistry Residencies. For FY 2024, ADEA and the oral health community are requesting $46 million and a set aside of $14 million each for the General Dentistry and Pediatric Residency programs.
 
Other programs of interest include the Ryan White Part F Dental Reimbursement, currently funded at $13.6 million. ADEA is requesting $18 million for this program which reimburses dental schools and hygiene programs for the uncompensated care provided to persons living with HIV-AIDS.
 
For the National Institute for Dental and Craniofacial Research, the oral health community is requesting $559 million in FY 2024. The appropriated level for FY 2023 is $520 million and the President’s request is flat at that level.

ED Guidance Makes Leaders of Failing Private Colleges Personally Liable for Government Debts
 
The Department of Education (ED) released guidance [ [link removed] ] that plans to hold owners of private colleges personally liable for unpaid debts owed to the Department. This would apply to student loan debts left unpaid to the federal government.
 
“The guidance clarifies the circumstances in which the Department may require certain individuals to assume personal liability as a condition of allowing the schools they own or operate to participate in the federal financial aid programs and details the considerations that the Department will take into account when determining whether to require an individual to assume personal liability,” the ED said in a March 2 press release.
 
Those decisions will be made either when an institution’s program participation agreement is up for renewal or when it undergoes a change in ownership.
 
The new measure enacts certain criteria to be used when determining if leaders will be held personally liable for the debt. The guidance lists three main factors to determine personal liability for unpaid debts:
 • Civil or criminal lawsuits, settlements or disciplinary or legal actions by the Department or other state or federal agencies involving federal student aid or claims of dishonesty, fraud, misrepresentation, consumer harm or financial malfeasance;
 • Significant compliance issues, such as findings stemming from program reviews or audits, unpaid liabilities from either of those processes or findings of a lack of administrative capability; and/or
 • An executive compensation or a bonus structure that could significantly affect the financial health of the institution. 

 
ED argues that it has the authority to implement these actions under Section 498(e) [ [link removed] ] of the Higher Education Act (HEA), which specifies that ED may require individuals who exert significant control at private institutions to assume personal liability. Though ED has not previously exercised this authority, it has been a “long-standing provision” of the HEA. ED believes that it will likely exercise this authority on “institutions with the most serious and significant sets of concerns related to their compliance with federal financial aid rules.”
 
Many believe that though the guidance is applicable to all private colleges, it is aimed primarily at for-profit colleges.

Mississippi Joins States That Have Extended or Will Extend Postpartum Medicaid Coverage
 
Mississippi Gov. Tate Reeves (R) signed a bill [ [link removed] ] that would extend Medicaid coverage for up to one year postpartum. To date, 29 states and the District of Columbia have extended Medicaid coverage [ [link removed] ] for up to one year postpartum, while an additional nine states are planning to implement such an extension.

Utah Governor Signs Several Bills That Will Impact Oral Health Practitioners and Higher Education
 
The Utah State Legislature recently wrapped up their session for the year. Before leaving however, the legislature sent several bills to Gov. Spencer Cox (R) that would impact oral health practitioners and higher education in the state. A list of the bills he signed can be found below:
 • HB 102 [ [link removed] ] requires an institution within the state system of higher education to grant residency status to an individual who is not a U.S. citizen but has been granted or has applied for certain immigration status.
 • HB 159 [ [link removed] ] will allow out of state practitioners to practice telemedicine if they have applied for licensure by endorsement and the Division of Professional Licensing determines that they will not be able to process the application within 15 days from the day on which the application is submitted.
 • HB 288 [ [link removed] ] requires a health care provider who prescribes opioids to include a prescription for an opioid antagonist under circumstances specified in the bill.
 • SB 19 [ [link removed] ] will extend dental benefits to all adults who are enrolled in Medicaid. The state currently grants dental benefits [ [link removed] ] to adults who are blind or disabled, pregnant, in substance abuse programs, age 65 or older and other targeted populations. The state’s Department of Health and Human Services would be required to request to receive approval from the Centers for Medicare & Medicaid Services before the new coverage can be implemented.
 • SB 237 [ [link removed] ] will increase autonomy for dental hygienists who practice in a public health setting. The bill would also authorize the practice of dental hygiene in a public health setting without general supervision and without a collaborative practice agreement with a dentist under conditions that are specified in the bill.

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
 • Applications open [ [link removed] ] for Ryan White Part F Dental Reimbursement Program
 • Applications open [ [link removed] ] for HRSA Dental Public Health Research Fellowship
 • 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.
 
©2023
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 Director of State Relations and Advocacy
 
Brian Robinson
ADEA Program Manager for Advocacy and Government Relations
 
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