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American Dental Education Association

Volume 2, No. 22, August 12, 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.
 
Issues and Resources
 • Provider Relief Fund Reporting portal [ [link removed] ]
 • ADEA memo [ [link removed] ] regarding vaccines at the state level
 • 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] ] .

Federal Funds Will Not Be Withheld From Universities That Do Not Require Vaccinations
 
On Friday, the White House partially refuted a recent article [ [link removed] ] by the Washington Post that said the Biden administration was considering mandating that long-term care facilities, cruise ships and universities require staff and students be vaccinated or have federal funds withheld.
 
At an Aug. 6 press conference, White House Press Secretary Jen Psaki partially contradicted the Washington Post story, saying that statements about withholding federal funds from universities and cruise ships was not accurate. Psaki did not address whether federal funding would be withheld from long-term care facilities if their staff was not vaccinated.

CMS Proposes Additional Hospital Price Transparency Rule
 
The Centers for Medicare & Medicaid Services (CMS) will issue a proposed [ [link removed] ] rule regarding hospital price transparency. The rule would increase penalties for hospitals that refuse to comply with a mandate to publicly disclose their costs for certain services. According to CMS, “hospitals are not making clear, accessible pricing information available online, as they have been required to do [ [link removed] ] since January 1, 2021.”
 
As a result of hospitals’ failure to comply, CMS is proposing the following:
 • A minimum civil monetary penalty of $300 per day that would apply to smaller hospitals with a bed count of 30 or fewer or
 • A minimum civil monetary penalty of $10 per bed per day for hospitals with a bed count greater than 30, not to exceed a maximum daily dollar amount of $5,500.

Under this proposed approach, for a full calendar year of noncompliance, the minimum total penalty amount would be $109,500 per hospital, and the maximum total penalty amount would be $2,007,500 per hospital.
 
CMS is taking this action in accordance with President Biden’s Competition Executive Order [ [link removed] ] and due to public complaints it has received. Hospitals’ noncompliance with the price transparency rule has been written about in Health Affairs [ [link removed] ] and other various publications [ [link removed] ] .

California Mandates Vaccines for Many Health Care Workers, But Not Dental Offices
 
On Aug. 5, California’s State Public Health Officer and Director issued an order [ [link removed] ] mandating many of the state’s health care workers be vaccinated, unless exempted due to qualifying medical or religious reasons. Unlike the state’s previous mandate that requires mandatory COVID-19 testing [ [link removed] ] for all unvaccinated health care workers, the recent mandate does not include dental offices.

Labor Department Sues Texas Dental Practice Due to OSHA Violation
 
The Department of Labor sued [ [link removed] ] a Texas dental practice for retaliation against two employees who complained to their employer about unsafe working conditions related to COVID-19.
An Occupational Safety and Health Administration (OSHA) investigation determined that the dental practice discriminated against the two employees for exercising their rights under Section 11(c) of the Occupational Safety and Health (OSH) Act and for the employees engaging in the protected activity of making a good faith health and safety complaint.
 
The suit claims that the dental practice failed to reinstate a dental hygienist and a dental assistant who expressed concerns about what COVID-19-related safety protocols would be in place when the practice reopened in the spring of 2020.
 
The complaint asks the U.S. District Court for the Northern District of Texas to order the dental practice to do the following:
 • Pay the complainants’ damages, plus interest, for all past and future lost wages and benefits resulting from the termination, reimbursement for costs and expenses, compensatory damages, including for compensation for emotional pain and distress, and exemplary or punitive damages in an amount to be determined at trial.
 • Post a notice for employees stating that the defendants will not in any manner discriminate against any employee for engaging in activities protected by Section 11(c) of the OSH Act.

The Biden administration has pledged to focus on OSHA enforcement in general, but especially as it relates to COVID-19.

Arkansas Seeks Approval for Medicaid Work Incentives
 
On the heels of multiple court cases that blocked Arkansas from implementing work requirements for Medicaid enrollees, the state has asked the Centers for Medicare & Medicaid Services (CMS) to approve a proposal that includes work incentives [ [link removed] ] . While many of the details have not been determined, Arkansas filed a new waiver request [ [link removed] ] with CMS on July 20 that would allow them to implement the program.
 
Unlike most states, Arkansas uses Medicaid funds to buy private insurance for expansion populations. Under the proposal, private insurers would be tasked with developing incentives that encourage healthy behavior in enrollees and increase work and education. For enrollees, one possible consequence of not fulfilling the incentives would be a requirement to move back to fee-for-service under the traditional Medicaid program.

West Virginia Teledentistry Rules Take Effect
 
Emergency teledentistry rules [ [link removed] of an Emergency Rule 5CSR16.pdf ] established by the West Virginia Board of Dental Examiners went into effect on July 29. The rules establish requirements and permissible practices for oral health practitioners who wish to practice teledentistry in the state. Some highlights from the rules include the following:
 • They create a definition of teledentistry which includes synchronous and asynchronous communication.
 • The rules establish a requirement and process for out-of-state practitioners who wish to provide teledentistry services in the state to register with the Board. The Governor signed a bill into law [ [link removed] ] in May that allowed out-of-state practitioners to practice telehealth in the state when they register with the appropriate licensing board.
 • They authorize dentists and dental hygienists who hold a license in the state, or who are out-of-state registrants, to practice teledentistry. Dental hygienists must be supervised or have delegated authority from a licensed or registered dentists, or they must hold a general supervision or public health practice permit.
 • The rules require a bona fide relationship between the practitioner and patient and dictate requirements for establishing such a relationship.
 • They require practitioners to obtain informed consent from the patient.
 • The rules establish record keeping requirements.

ADEA Advocate Summer Hiatus
 
The ADEA Advocate is going on a summer break. The next issue will publish on Tuesday, Sept. 14. This coincides with the Congress’ August recess and the period when everyone in Washington, D.C., takes vacation.
 
Any breaking news will be available on the ADEA Advocacy website or on ADEA Connect. See you in September!

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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