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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 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 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 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 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 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 , 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 that 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, 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
  • ADEA regarding vaccines at the state level
  • ADEA on teledentistry
  • ADEA on the Impact of the COVID-19 Pandemic on U.S. Dental Schools
  • ADEA policy regarding overprescription of antibiotics
  • For a full list of ADEA memos, briefs and letters click .

The 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,

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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

 

Higher Logic