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American Dental Education Association


Volume 3, No. 43, May 22, 2024

HHS Releases Final Updated Section 1557 of the Affordable Care Act
 
On April 26, the U.S. Department of Health and Human Services (HHS) announced the final rule [ [link removed] ] updating Section 1557 of the Affordable Care Act. This rule, aimed at federally funded health programs and services, solidifies protections against discrimination based on various factors, such as race, color, national origin, age, disability and sex. Notably, it extends these protections to LGBTQI+ individuals, aligning with recent legal precedents, such as the Bostock v. Clayton County decision, which affirmed protections for LGBTQI+ people. The rule also enhances safeguards for other marginalized groups, including non-English speakers.
 
Proposed by HHS in 2022, this rule underwent an extensive review process before its finalization. With its finalization, the rule takes effect 60 days after publication and includes a timetable for the effective date of certain provisions [ [link removed] ] .
 
In addition to nondiscrimination provisions, the finalized rule mandates covered entities to inform patients about the availability of language assistance services. Providers are required to offer these notices in English and at least 15 other languages commonly used in their respective service areas, including telehealth settings. Moreover, the rule addresses the use of technology—such as algorithms and artificial intelligence in clinical decision-making—prohibiting discrimination against marginalized communities that could result from the use of patient tools. This includes tools that use generative artificial intelligence (AI).

Rep. Murphy and Sen. Cassidy Introduced the No Fees for EFTs Act
 
U.S. Rep. Greg Murphy (R-N.C.) introduced H.R. 6487 [ [link removed] ] , The No Fees for EFTs Act, in the U.S. House of Representatives and U.S. Sen. Bill Cassidy (R-La.) introduced S. 3805 as the Senate’s companion to Murphy’s bill. The bill has been referred to the Committee on Energy and Commerce and the Ways and Means Committee in the House and the Committee on Finance in the Senate.
 
The No Fees for EFTs Act would prevent health plans from charging fees for electronic funds transfers (EFTs) to health care providers on or after Jan. 1, 2025. The EFT processing fees implemented by insurers lead to a reduction in the contracted rate between the dentist and insurer, which adversely affects the bottom line for dental practices.

Georgia Governor Vetoes Teledentistry Bill; Signs Budget With Increased Funding for Medicaid Adult Dental Benefits
 
Georgia Gov. Brian Kemp (R) has vetoed legislation [ [link removed] ] that would have defined and regulated the practice of teledentistry in the state. In his veto message [ [link removed] ] , Gov. Kemp stated concerns about the fiscal impact of the bill’s mandate that health insurers, including the state’s Medicaid program and its health plan for state employees, provide coverage for teledentistry. According to his message, the potential fiscal impact of the mandate had not been analyzed, and adding “teledentistry coverage without a full understanding of the fiscal impact risks financial harm to the State and affected employees.” The bill passed the legislature without opposition.
 
Gov. Kemp also recently signed the state’s fiscal year (FY) 2025 budget bill [ [link removed] ] . This bill included approximately $11 million for adult dental benefits for individuals enrolled in Medicaid, an increase of just over $7 million from FY 2024.

Connecticut General Assembly Sends Bills to Governor That Will Impact Oral Health Providers
 
The Connecticut General Assembly voted to send two bills to Gov. Ned Lamont (D) that will have an impact on oral health providers in the state.
 
HB 5293 [ [link removed] ] makes several changes to the state’s Department of Developmental Services (DDS), including the establishment of an Oral Health and Dental Services Unit within DDS. The newly created unit would be permitted to provide dental care services for individuals with intellectual disability at designated dental offices in any service region of the Department. Additionally, individuals who hold a provisional license to practice dentistry, including dental school faculty, would be permitted to provide services with the unit.
 
HB 5290 [ [link removed] ] would implement multiple changes recommended by the Department of Public Health (DPH), including streamlining the process for dentists seeking a moderate sedation or general anesthesia permit for multiple locations after they have been approved for one location. Specifically, the bill would allow an applicant for a sedation permit who has obtained an initial permit – or reinstatement of a lapsed permit – to administer moderate sedation or general anesthesia at an additional facility, so long as that facility has had an approved onsite evaluation conducted in consultation with the Connecticut Society of Oral and Maxillo-Facial Surgeons without cost to the state. The onsite evaluation requirement may also be waived for an additional facility if the facility has been evaluated within the previous five years. Finally, the bill requires specified stakeholders to post on DPH’s website and distribute to permit holders a list of required equipment, personnel and emergency medications for dental facilities that administer moderate sedation, deep sedation or general anesthesia.

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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
 • 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.
 
©2024
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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