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Volume 1, No. 68, July 1, 2020

ADEA Advocacy in Action
This feature will appear 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.
 
Lost Clinic Revenue—Provider Relief Fund
May 1 – Joint letter [ [link removed] ] with the Partnership for Medicaid on fund reimbursement for Medicaid providers.
April 30 – Joint letter [ [link removed] ] with ADHA on availability of reimbursement from Fund.
 
Other COVID Issues
May 28 – Joint letter [ [link removed] ] with the American Council on Education regarding liability protection shields.
May 18 – Joint letter [ [link removed] ] with ADA and AADR in support of funding COVID-19 research.
 
Dental School COVID Related Capital Needs
June 1 – ADEA letter [ [link removed] ] to Sen. Lamar Alexander regarding reopening guidelines
May 13 – ADEA letter to Speaker Pelosi [ [link removed] ] and Rep. Frank Pallone [ [link removed] ] (D-NJ) about infrastructure improvements and modernization funds for dental schools,
 
2019 Graduate Licensure
April 9 – ADEA letter [ [link removed] ] to National Governors Association.
 
For a full list of ADEA Letters and Policy Memos, click here [ [link removed] ] .

Courts Block Education Department’s DACA Aid Interim Final Rule
 
Two cases have been filed against the Department of Education’s (ED) interim final rule regarding student eligibility for Emergency Student Financial Aid Grants, which were established by the Coronavirus Aid, Relief and Economic Security (CARES) Act.
 
The interim final rule [ [link removed] ] was officially published on June 17. Since the release of $6 billion in emergency grants, there has been confusion surrounding whether Deferred Action for Childhood Arrivals (DACA) students were eligible to receive the grants. Previously, ED stated [ [link removed] ] that DACA students were not eligible because the funds were being disbursed in accordance with the Title IV regulations of the Higher Education Act. Title IV regulations prohibit noncitizens from receiving federal student financial aid. The interim final regulations bars noncitizens from receiving emergency student grants by clearly aligning student eligibility with Title IV eligibility.
Opponents of the rule assert that the CARES Act did not intend to limit eligibility to the emergency student aid.
 
However, legal challenges to the interim final rule have once again left the eligibility question open. California Community Colleges were the first to file a lawsuit [ [link removed] ] against ED over its interim final rule. The colleges allege that ED violated the constitutional principle of separation of powers by declaring DACA students ineligible for emergency grants under the CARES Act. The colleges asked the U.S. District Court for the Northern District of California to find the interim final rule unconstitutional and to grant preliminary injunctive relief to the colleges. Within days, the court ruled [ [link removed] ] in favor of the community colleges and granted them injunctive relief. This preliminary injunctive only applies to California.
 
Using the same unconstitutional argument, Washington State also filed a lawsuit [ [link removed] ] against ED in the U.S. District Court for the Eastern District of Washington over the same interim rule and asked for injunctive relief as well. While the Court did grant preliminary injunctive relief [ [link removed] ] to Washington State, the Court noted that though ED did not have the right to withhold the emergency grants under the CARES Act, ED does have the right to withhold funding under another federal law. The judge further noted that “both sides present . . . compelling arguments.” This preliminary injunction only applies to Washington State.
 
ED has indicated that it will appeal both decisions.

Georgia May Allow Out-of-state Dentists and Dental Hygienists to Provide Voluntary Care
 
Legislation [ [link removed] ] that recently passed the Georgia Senate would allow volunteer dentists and dental hygienists who are licensed in another state to provide care to low-income patients at charity events. Under the provisions of the bill, the Georgia Board of Dentistry would be permitted to issue temporary, limited licenses to practitioners who wish to provide volunteer services. Out-of-state dentists and dental hygienists would be required to practice under the direct supervision of a Georgia-licensed dentist and are also required to have passed a clinical licensing examination in a licensing jurisdiction. The bill would also permit retired practitioners who held a license in good standing prior to retirement as well as individuals who hold a teacher’s or instructor’s license to receive a temporary license.
 
Different versions of the bill have passed both chambers of the legislature and a final version will need to be agreed upon before the legislation is sent to the Governor.

Trump Administration Issues New Immigration Executive Order
 
Last week, President Trump issued a new immigration executive order [ [link removed] ] . It extends his initial April 22 executive order, which prohibited the issuance of green cards to those seeking to legally immigrate to the United States, and it also expands the order to include four major “nonimmigrant” visa categories: H-1B, L, J and H-2B. Medical professionals, medical researchers and workers who participate in the food supply chain are exempted from the order. The new order took effect immediately and is in effect until Dec. 31. It does not apply to lawful permanent residents, spouses or children of a U.S. citizen, or those already in the United States.
 
The administration’s rationale for this sweeping executive order is that the pandemic has created “extraordinary circumstances,” which has negatively impacted the job market. The administration argues that prohibiting immigration preserves jobs for the over 20 million unemployed Americans.
 
The order was widely decried by the business and higher education communities who rely on H1-B visas to provide the software engineers and faculty necessary to keep their organizations running. Both communities noted that this order adversely impacts competition and innovation, which in turn, negatively impacts the economy and America’s long-term competitiveness. ADEA and others in the higher education community were vocal in their support of the H1-B visa program, but also of the Optional Practical Training (OPT) program.
 
The executive order spared the OPT program. The program allows students on F-1 visas to remain in the United States and work in their fields of study for as long as one year after graduating. Graduates in dentistry and other STEM fields can remain in the United States for as long as three years. The number of students participating in OPT passed 220,000 in the 2018-2019 academic year.

California Budget Deal Preserves Adult Dental Benefits and CalHealthCares, but Cuts $602 Million from University Systems
 
Earlier this year, California Gov. Gavin Newsom (D) proposed drastic budget cuts to help the state shore up a $54-billion budget gap [ [link removed] ] created by the economic downturn due to the COVID-19 pandemic. Included among the cuts were a reduction in dental benefits for adults on Medicaid, elimination of a program that provides loan payments to dentists and physicians who care for Medicaid patients (CalHealthCares [ [link removed] ] ) and a $1.7-billion cut to higher education. Many of the cuts were opposed by members of the state legislature and under a budget deal [ [link removed] ] reached by the Governor and leaders in the legislature, adult dental benefits and the CalHealthCares program will be preserved. Higher education, however, will still be dealt a $602-million cut [ [link removed] ] , which some fear could lead to increases in tuition.
 
The budget deal, which allows the state to use $8 billion in emergency funds [ [link removed] ] , also requires overall salary cuts for state employees [ [link removed] ] by 10%, and delays tax breaks for businesses. Cuts made under the plan could be rescinded, however, if the state received additional funding from the federal government under another stimulus plan by Oct. 1.

Michigan Bill Would Allow Out-of-state Clinical Hours to Count for Licensure
 
On June 18, the Michigan House of Representatives passed a bill [ [link removed](S(u03hv0dl5njjpn2vdkgca0nt))/mileg.aspx?page=GetObject&objectname=2020-HB-5827 ] that would allow dental therapists to complete required clinical hours in another state, revising a provision in Michigan’s 2018 law that created licensure for dental therapists. Among the requirements for licensure established in 2018, a candidate for dental therapist licensure must complete 500 hours of clinical supervision under the direct supervision of a licensed dentist. Currently, clinical hours must be completed in the state. The bill has been sent to the state Senate for consideration.

ADEA State Calendar [ [link removed] ]

ADEA Washington Calendar [ [link removed] ]

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

Key Federal Issues [ [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.
 
©2020
American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
202-289-7201, 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
 
[email protected] [ mailto:[email protected]?subject=State%20Update%3A%20 ]

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