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Volume 1, No. 70, July 14, 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
July 2 – Joint letter [ [link removed] ] to Dept. of State and DHS Regarding Guidance for International Students.
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
July 2 – Joint letter [ [link removed] ] to HELP Committee Regarding Reopening Costs.
June 1 – ADEA letter [ [link removed] ] to Sen. Lamar Alexander regarding reopening guidelines.
 
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] ] .

ADEA Opposes New Trump Administration Guidance on Online Classes for International Students
 
Last week, the Trump administration issued a new guidance [ [link removed] ] that limits visas for international students taking online courses in the upcoming school year. In March 2020, interim guidance was issued stating that international students taking some or all their classes online would retain their lawful status per interim guidance. This new July 2020 guidance is a change from and supersedes the March 2020 guidance.
 
The new guidance issued by the Department of Homeland Security’s (DHS) U.S. Immigration and Custom Enforcement (ICE) Agency stipulated the following:
 • International students whose classes will be completely online will not be eligible for an F1 student visa. If these students want to retain their current F1 visa status, they “must take other measures, such as transferring to a school with in-person instruction to remain in lawful status or potentially face immigration consequences,” according to the guidance.
 • Students attending colleges offering both in-person and online instruction (i.e. hybrid classes) will retain their eligibility.

Soon after the guidance was released, Harvard University and the Massachusetts Institute of Technology (MIT) filed a lawsuit [ [link removed] ] against ICE, arguing that the guidance violates the Administrative Procedures Act and requesting a temporary restraining order. The lawsuit also argues that the rule is a backdoor attempt by the Trump administration to force colleges and universities to hold in-person classes. The universities noted the harm the new guidance would inflict [ [link removed] ] on their schools, their international students and the U.S. economy.
 
ADEA joined with other associations of health professions schools to send a letter [ [link removed] ] to Acting DHS Secretary Chad Wolf opposing the new guidance. Additionally, ADEA again joined the higher education community in submitting an amicus brief in support of Harvard and MIT in their efforts to halt the implementation of the new guidance.
 
ICE intends to publish the guidance, in the form of a Interim Final Rule (IFRs are enforceable upon issuance, usually with a comment period), in the Federal Register in early August.

Trump Administration No Longer Supports Pre-Existing Condition Coverage
 
The Department of Justice (DOJ) recently filed an amicus brief [ [link removed] ] at the U.S. Supreme Court in the California v. Texas case, arguing that all of the Affordable Care Act (ACA) should be struck down because one of its core provisions, the individual mandate, is unconstitutional—rendering the rest of the law invalid as well. The Trump administration had previously supported retaining ACA’s pre-existing condition coverage requirement, but based on the brief, the administration has changed its position. The brief was filed in support of the State of Texas, who is the defendant in the case.
 
Following the Fifth Circuit’s remand of the Texas v. U.S. case to the district court, Texas and DOJ declined to appeal the decision to the Supreme Court. However, California, which was allowed to intervene in the Texas v. U.S. case, did appeal the Fifth Circuit’s decision. DOJ had previously decided not to defend the district court’s decision at the appellate level, which spurred California’s decision to intervene in the case at the appellate level.
 
In March 2020, the Supreme Court declined to hear the Texas v. U.S. case this term, but it did agree to hear the case next term. The Supreme Court also decided to wrap both the Texas v. U.S. and the California v. Texas cases into one case and call it “California v. Texas.” Thus, the Supreme Court will hear California v. Texas next term. The Supreme Court will rule on whether the ACA is invalid without the individual mandate.

Florida Bills End Suspension of Licenses for Student Loan Default, Allow Dental Lab Techs Onsite, Change Licensure and More
 
A pair of bills that were recently signed into law in Florida made significant changes that will have an impact on oral health professionals.
 
HB 1193 [ [link removed] ] was signed by Gov. Ron DeSantis (R) on June 30. It prohibits any state agency from disciplining a professional licensee based solely on a student loan default. The bill also repeals a requirement that the state’s Department of Health (DOH) must issue an emergency order suspending a health care practitioner’s license for a student loan default, absent of timely proof of a new repayment plan.
 
HB 713 [ [link removed] ] , an omnibus bill that made many changes to the state’s health laws was also signed by Gov. DeSantis on June 30. Some of the changes that will impact oral health professionals in the state include the following:
 • The bill repeals the requirement that a Florida-licensed dentist grade the dental licensure examination and that a Florida-licensed dentist or dental hygienist grade the dental hygienist licensure examination.
 • It adds a requirement that dentists and dental hygienists report adverse incidents to the Florida Board of Dentistry and also establishes protocol for reporting such incidents. DOH is also required to review each adverse incident to determine whether the incident involved conduct by a health care practitioner that warrants disciplinary action.
 • The bill revives and reenacts the statutory authority for health access dental licenses retroactively [ [link removed] ] to Jan. 1, 2020.
 • It also clarifies for graduates of non-accredited dental schools who are required to complete at least two academic years at a full-time supplemental general dentistry program, that a supplemental dentistry program does not include an advanced dental education program in a dental specialty.
 • The bill adds a requirement that DOH inspect dental laboratories biennially, rather than annually.
 • The bill authorizes an employee or independent contractor of a dental laboratory to engage in onsite consultations with a dentist during a dental procedure, if such person is acting as an agent of the dental laboratory.

California Bill Amended to Provide Liability Protection to Institutions of Higher Education
 
On June 29, the California Senate Committee on Health amended a bill [ [link removed] ] so that it now exempts institutions of higher education from monetary liability and damages for injuries relating to COVID-19 infections. The bill also provides the exemption to an institution’s officers, employees and governing bodies.
 
The previous version of the bill had passed the California State Assembly and required the Office of Statewide Health Planning and Development to allocate funds for a loan repayment program designed to recruit physicians to work in underserved areas. If the new version of the bill passes the Senate, the amended version will need to be agreed to by the State Assembly before it can be sent to the Governor.

Tennessee to Increase Number of Dental Hygienists a Dentist May Supervise at Volunteer Mobile Clinics
 
On July 2, Tennessee Gov. Bill Lee (R) signed a bill [ [link removed] ] that will allow dentists in the state to supervise up to 10 dental hygienists when offering volunteer dental services through a nonprofit provider of free mobile clinics. Tennessee dentists are still limited to supervising only three dental hygienists under other circumstances.

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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