From ADEA <[email protected]>
Subject ADEA Advocate - February 16, 2021
Date February 16, 2021 3:02 PM
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American Dental Education Association

Volume 1, No. 98, February 16, 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
Feb 12 – ADEA memo [ [link removed] ] regarding vaccines at the state level
Jan 28 – Sign on letter [ [link removed] ] regarding HEERF Grants
 
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] ] .

COVID-19 Relief and Stimulus Legislation
 
Congress has begun work on the broad Biden administration’s American Rescue Plan. Committees in the House of Representatives have been marking up legislative provisions that will be combined into one bill for consideration by the full House. The Senate will begin its work on the package at the conclusion of the impeachment trial.
 
Included are provisions offering $40 billion [ [link removed] FY21 Budget Reconciliation Section by Section.pdf ] in grants to institutions of higher education, one-half of which must be spent on student aid. Another House committee has included a provision that would increase each state’s Federal Medical Assistance Percentage (FMAP) under Medicaid by an additional 5% [ [link removed] Memo_2021.02.11_0.pdf ] . When added to the increase of 6.2% already added last year, this would increase the federal portion of cost sharing to 11.2%. This will incentivize states to expand Medicaid coverage or maintain current levels.
 
In addition, provisions [ [link removed] Memo_2021.02.11_0.pdf ] are included that will allow the FMAP to pay 100% in the Children’s Health Insurance Program (CHIP) of the cost of COVID-19 vaccination with no copay by the beneficiary. Another provision allows states to extend CHIP eligibility for women to 12 months postpartum for five years.

States Move to Allow Oral Health Professionals to Administer Vaccines for COVID-19
 
The issue of dentists administering vaccines for COVID-19 is quickly evolving as multiple states have recently taken action.
 
On Jan. 27, the Kentucky [ [link removed] ] Board of Dentistry filed an emergency rule that will temporarily allow dentists and dental hygienists to administer Food and Drug Administration- (FDA-) approved vaccines for COVID-19 after completing required training. A public hearing on the administrative regulation will be held on April 21.
 
South Dakota [ [link removed] ] Governor Kristi Noem (R) signed an executive order on Feb. 5, that allows dentists to administer the vaccines. Dentists in that state are limited to giving the vaccine on a voluntary basis, and only at sites designated by the state’s Department of Health.
 
North Carolina [ [link removed] ] Governor Roy Cooper (D) also signed an executive order that gives the State Board of Dental Examiners authority to allow dentists and dental students permission to administer vaccines for COVID-19.
 
While some states have taken executive action, others are pursuing legislation. The Virginia [ [link removed] ] General Assembly is sending identical companion bills to the Governor that require the state’s Department of Health to establish a process to allow any health care provider, including students, who is qualified and available to administer COVID-19 vaccines, to volunteer. The bills also require the state’s Department of Health to establish a process on its website whereby medical facilities as well as public and private institutions of higher education can register as sites where COVID-19 vaccines may be administered.
 
The Minnesota [ [link removed] ] Senate passed a bill that would allow dentists to give vaccines for COVID-19. Dentists in that state already have authority to give vaccinations for influenza. The bill will be sent to the Minnesota House for consideration.
 
Indiana’s [ [link removed] ] House passed a bill that would allow dentists who have completed training and meet other specified requirements to order and administer an immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices. This bill will be sent to the Indiana Senate for consideration.
 
Finally, Wisconsin [ [link removed] ] included a provision in its recently vetoed [ [link removed] ] COVID-19 relief bill that would have allowed dentists to administer COVID-19 vaccines. Although this measure was vetoed, it is possible this issue could be debated in the state again.
 
A list of states allowing [ [link removed] ] oral health professionals to administer vaccines for COVID-19 is being maintained by ADEA Advocacy and Government Relations (AGR) staff.

Biden Administration Opens the ACA Marketplace for Special Enrollment Period
 
President Biden ordered the Affordable Care Act (ACA) marketplace to open from Feb. 15 to May 15 for a special enrollment period. With President Biden’s Executive Order on Strengthening Medicaid and the Affordable Care Act, the re-opening of the marketplace is designed to enable those who have lost coverage due to job loss or who previously had no coverage to secure health care insurance, which is critical to have during a pandemic.
 
The executive order [ [link removed] ] also calls for the federal agencies to review demonstrations and waivers under Medicaid and the ACA that may reduce coverage or undermine the programs, including work requirements.
 
During the Trump administration, Democrats and health advocate groups had called on the administration to re-open the ACA marketplaces for special enrollment periods earlier in the pandemic. However, the administration chose not to do so.

DOJ Reverses Position on Affordable Care Act Constitutionality
 
On Feb. 10 the Department of Justice sent a letter [ [link removed] 19-1019 CA v TX.pdf ] to the Supreme Court reversing the federal government’s position in the California v. Texas case that the Court is currently deliberating to state that the Affordable Care Act is constitutional.

Biden Announces COVID-19 Health Equity Taskforce
 
President Biden announced new members [ [link removed] ] of the COVID-19 Health Equity Taskforce. The Taskforce is responsible for addressing the health and social inequities brought to light by COVID-19, and is part of the Biden administration’s national pandemic strategy [ [link removed] ] .
 
Minority communities have been disproportionately impacted by COVID-19 and are move likely to die from the virus. However, data on the number of minorities already vaccinated are limited. According to the Centers for Disease Control and Prevention (CDC), racial data have been collected on only 52% of those vaccinated. Because of the incomplete data, there are questions as to whether vaccines are being equitably distributed.
 
In an effort address inequitable vaccine distribution, next week the federal government will begin shipping vaccine doses [ [link removed] ] directly to a network of federally funded clinics in underserved areas.

Utah Senate Passes Bill That Would Require Medicaid to Reimburse Dental Hygienists Directly
 
On Feb. 5, the Utah Senate passed a bill [ [link removed] ] that would require the state’s Medicaid program to directly reimburse dental hygienists. The bill would require direct reimbursement when dental hygienists perform services within their scope of practice and request to be reimbursed directly. The bill also requires the state’s Medicaid program to annually report to the Utah State Legislature’s Interim Health and Human Services Committee:
 • the number and geographic distribution of dental hygienists who requested to be reimbursed directly,
 • the total number of Medicaid enrollees who were served by dental hygienists who were reimbursed,
 • the total amount of funds reimbursed directly to dental hygienists,
 • the specific services and billing codes that are reimbursed and
 • the aggregate amount reimbursed for each service and billing.

The bill has been sent to the state’s House of Representatives 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.
 
©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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