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American Dental Education Association
Volume 1, No. 96, February 2, 2021
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.
COVID Related Capital Needs
Jan 28 – Joint letter [ [link removed] ] regarding HEERF grants
Jan 24 – ADEA memo [ [link removed] ] regarding vaccines at the state level
Other COVID Issues
Jan 4 – ADEA memo [ [link removed] ] regarding vaccine allocation
Jan 4 – ADEA memo [ [link removed] ] regarding Provider Relief Fund
Jan 4 – Joint letter [ [link removed] ] regarding COVID-19 policy changes
Additional Resources
ADEA webinar [ [link removed] ] on State Advocacy
NHSC Service Loan Repayment Program user guide [ [link removed] ] and application portal [ [link removed] ]
For a full list of ADEA Letters and Policy Memos, click here [ [link removed] ] .
HHS Extends the Public Health Emergency
The Department of Health and Human Services Acting Secretary Norris Cochran sent a letter [ [link removed] ] to state governors notifying them that the Biden administration intends to keep the Public Health Emergency (PHE) declaration for the COVID-19 pandemic in effect for the entirety of 2021. The Department noted that it will give governors a 60-day notice prior to the termination or expiration of the PHE declaration.
Because of the PHE extension, other emergency authorities—including Public Readiness and Emergency Preparedness Act declarations and emergency use authorizations for diagnostics, treatments and vaccines—will also likely be extended.
Of particular interest to the dental community is the 6.2%-Federal Medical Assistance Percentage reimbursement increase, which will be automatically extended and will last the entirety of the public health emergency.
By notifying states of its intention in advance, the Biden administrative hopes to provide state and local health authorities the long-term clarity and financial stability to plan ahead as the United States continues to fight COVID-19.
Biden Orders Review of Medicaid Waivers Allowing Work Requirements
On Jan. 28, President Biden directed the Department of Health and Human Services to review Medicaid waivers granted by the Trump administration, including those that would allow states to implement work requirements for enrollees. Critics of work requirements [ [link removed] ] have pointed out that when implemented, they’ve led to large scale disenrollment and that they serve as an impediment to health coverage. Despite the order for review, it may not be easy for the Biden administration to roll back the waivers due to last-minute actions by the Trump administration [ [link removed] ] .
Waivers allowing work requirements are also subject to a pending case before the Supreme Court, as the Court announced it would hear an appeal challenging rulings by lower courts that struck down work requirements in Arkansas and New Hampshire. Additionally, support for the work requirements appears strong in some more conservative states as attorneys general in 18 states signed amicus briefs [ [link removed] ] in support of Arkansas and New Hampshire. The Supreme Court is expected to hear arguments in that case this spring.
ED Says LGBTQ Discrimination Doesn’t Apply to Title IX
Prior to President Trump leaving office, the Department of Education (ED) released a policy memo [ [link removed] ] that states LGBTQ students are not expressly included in protections under Title IX, which is the federal law that prohibits sex discrimination at federally funded institutions. ED maintains that under Title IX, “sex” should only be interpreted to mean “biological sex, male and female.” Though there is no blanket protection for LGBTQ students under Title IX, ED’s memo did note that certain forms of discrimination based on LGBTQ identity should be considered under Title IX.
ED’s policy interpretation contradicts the Supreme Court’s ruling in Bostock v. Clayton County, which determined that under Title VII “sex” should be interpreted to include LGBTQ people, when they face discrimination based on their sexual orientation or gender identity. Though the Bostock ruling was narrow because it only applied to workplace discrimination, many legal scholars believe that this ruling can plausibly be applied to other situations.
ED’s policy interpretation is not expected to be in effect for long. The expectation of many advocacy groups is that the Biden administration will repeal the policy and extend Title IX coverage to the LGBTQ community in accordance with the Supreme Court’s Bostock ruling.
More States Allow Dentists and Dental Hygienists to Administer COVID Vaccines
Ohio [ [link removed] ] , Rhode Island [ [link removed] ] and South Carolina [ [link removed] ] are the latest to join a growing list of states that allow dentists to administer vaccines for COVID-19. To date, at least 16 states now allow dentists to administer vaccines. Five states allow dental hygienists to administer the vaccines as well, including Ohio and Rhode Island.
ADEA staff has assembled a chart [ [link removed] ] that will be updated weekly as states continue to make decisions. Training requirements and regulations vary by state, and oral health professionals should consult authorities in their state before administering vaccines.
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.
©2021
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] [ [link removed] ]
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