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American Dental Education Association
Volume 2, No. 33, November 24, 2021
House Passes the Build Back Better Act
After an all-night session, the U.S. House of Representatives passed the Build Back Better Act (H.R. 5376) [ [link removed] ] by a vote of 220-213.
Read future issues of ADEA Advocate and postings on ADEA Connect for additional details, but a quick summary reveals that the bill includes:
• $7 billion for public health infrastructure;
• $2 billion for community health centers;
• An increase of 6% in each state’s Medicaid Federal Medical Assistance Percentage;
• $2 billion for the National Health Service Corps;
• $1.4 billion for modernization, renovations, improvements and expansion of the Centers for Disease Control and Prevention laboratories;
• $6 billion in support for historically black colleges and universities (HBCU) and minority-serving institutions (MSI);
• $3 billion for the research infrastructure at HBCUs and MSIs; and
• An increase of $550 to the maximum Pell Grant, excluding those grants from income.
The bill now goes to the U.S. Senate who will take it up after the Thanksgiving recess next week.
COVID-19 Employer Mandate Cases Consolidated in the Sixth Circuit
Last week, a federal judicial panel chose the U.S. Court of Appeals for the 6th Circuit to hear the consolidated challenge [ [link removed] ] to the Nov. 5 Department of Labor (DOL) COVID-19 vaccine mandate. Per the Federal Rules of Procedure, when multiple parties sue a federal agency in different appeals courts, a special judicial panel consolidates the cases and selects one court to hear them all.
Lawsuits opposing the DOL COVID-19 vaccine mandate have been filed by states and companies in all twelve federal court circuits. At issue is the interim final rule [ [link removed] ] mandating businesses with more than 100 employees to either require vaccinations for employees or weekly testing and the wearing of masks for unvaccinated employees. Employers must comply with most requirements (e.g., deciding whether vaccinations would be required and if so, obtaining proof of vaccinations) by Dec. 5 and must comply with testing requirements by Jan. 4, 2022.
The consolidated case encompasses only the cases challenging the employer mandate. In addition to hearing the consolidated case, the 6th Circuit will also have to determine whether the nationwide stay on the mandate imposed by the 5th Circuit will remain in place or be lifted.
The cases challenging the Centers for Medicare & Medicaid Services (CMS) Nov. 5 federal COVID-19 mandate [ [link removed] ] have not been stayed as of Nov. 19, nor are these cases included in the 6th Circuit consolidated case. Health care employers should continue to comply with the CMS vaccine mandate requiring all eligible staff be fully vaccinated by Jan. 4, 2022.
Biden Nominates Dr. Robert Califf for FDA Commissioner
President Biden nominated [ [link removed] ] Dr. Robert M. Califf, a former Commissioner of the Food and Drug Administration (FDA), to lead the agency again. Dr. Califf had previously been the Commissioner for 11 months during the Obama administration. Prior to his appointment as commissioner, Dr. Califf had been the FDA Deputy Commissioner for medical products and tobacco.
During previous tenure at FDA, Dr. Califf, a cardiologist, had been a strong and vocal advocate for tobacco control. Dr. Califf also came under fire while Commissioner for his push to permit pharmaceutical companies to advertise off-label uses for FDA-approved products, which was not, and is still not, permitted under current law. However, this change was not permitted by the Obama administration due to the medical community’s safety concerns.
Tennessee Proposal Would Send Dollars to Dental Schools to Increase Care in Rural Areas
A proposal discussed during recent budget hearings in Tennessee could send additional funds to dental schools. As reported by Nashville Public Radio [ [link removed] ] , if implemented, the five-year pilot program could result in $94 million being used to expand class sizes and forgive tuition for graduates who work in high needs areas. Additionally, the pilot program would also expand a state program designed to help older adults with dental health needs, expand access to dentures for working-age residents of the state and update equipment used at safety net facilities and health department dental clinics.
Texas Seeks Comments on Proposed Teledentistry Regulations
Earlier this year, Texas Gov. Greg Abbott (R) signed legislation [ [link removed] ] that defined and allowed the practice of teledentistry [ [link removed] ] in the state. Part of that legislation allowed the Texas State Board of Dental Examiners (Board) to promulgate rules governing the practice of teledentistry, and on Nov. 12, proposed rules [ [link removed] ] were published in the Texas Register. Highlights from the proposed rules include:
• A requirement for individuals to be licensed in the state to practice teledentistry on patients located in the state,
• A requirement for practitioners to establish a practitioner-patient relationship,
• A clarification that the same standards of care that apply to an in-person setting also apply to teledentistry,
• Rules that outline requirements for the issuance of prescriptions issued as a result of teledentistry and
• A requirement for dentists who utilize teledentistry to provide notice of how patients may file a complaint with the Board.
The state’s Regulatory Compliance Division is currently reviewing the rules and will take comments until 30 days after publication of the proposed rules. Comments may be submitted by mail to Casey Nichols, Executive Director, 333 Guadalupe Street, Suite 3-800, Austin, TX, 78701, or by fax to (512) 649-2482, or by email to
[email protected].
Holiday Hiatus
The ADEA Advocate will be taking a hiatus for the week following Thanksgiving. We will resume our normal publication schedule on Tuesday, December 7. Happy Thanksgiving from ADEA!
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 teledentistry
• 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] ] .
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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ADEA Chief Advocacy Officer
Bridgette DeHart, J.D.
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Phillip Mauller, M.P.S.
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