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American Dental Education Association

Volume 2, No. 38, January 19, 2022

U.S. Supreme Court Upholds Health Care Provider Vaccine Mandate But Blocks Employer Vaccine Mandate
 
The U.S. Supreme Court upheld the Biden administration’s vaccine mandate for health care providers, while striking down its “vaccine-or-test” mandate for employers with 100-plus employees. The vote in the employer mandate case [ [link removed] ] was 6 to 3 and split along party lines, while the vote in the health care case [ [link removed] ] was 5 to 4 with Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh joining the liberal justices in the majority opinion.
 
Both cases turned on whether the federal government had overreached its legal authority to impose vaccine mandates. In the case of the vaccine mandate for health care providers, the Court found no overreach on the federal government’s part, but in the case of the Occupational Safety and Health Administration (OSHA) rule, the Court found that the federal government overreached its authority.
 
Relying on the language of the governing statute and precedent, the Court upheld the vaccine mandate for health care workers, ruling that the mandate “falls within the authorities that Congress has conferred upon [the Secretary of Health and Human Services (HHS)].” The Court also noted that historically “facilities that receive money from the Medicare and Medicaid programs must comply with many federal health and safety requirements” established by the HHS Secretary to safeguard patients.
 
AGR is awaiting confirmation from the Centers for Medicare & Medicaid Services regarding when health care facilities will have to comply with its vaccine mandate.
 
The OSHA rule would have applied to employers with 100-plus employees and required employers to either require their employees be vaccinated or set up a weekly testing program for their unvaccinated employees. Unvaccinated employees would also have to wear masks while at work. Companies that failed to comply with the rule faced substantial fines.
 
The Court’s ruling stated that the OSHA mandate “draws no distinctions based on industry or risk of exposure to Covid-19,” and that the rule acted as a “blunt instrument.” Therefore, the rule overreached the federal government’s authority since it was overly broad.
 
Though the Court blocked the OSHA mandate, its ruling only prohibits the federal government from mandating employers vaccinate their employees. Private employers can still choose to require their employees be vaccinated.

FDA Warns of Dental Problems Related to Oral Buprenorphine Medicines
 
The U.S. Food and Drug Administration (FDA) issued a warning [ [link removed] ] about dental problems related to oral buprenorphine medicines used to treat opioid use disorder (OUD) and pain. The warning notifies the dental community and the public that dental problems have been reported with medicines containing buprenorphine that are dissolved in the mouth. The reported problems range from cavities to tooth loss.
 
Because oral buprenorphine medicines are effective treatment options in the fight against OUD and pain, the FDA will continue to support their appropriate use. However, to address the dental concerns, the FDA will be “requiring a new warning about the risk of dental problems be added to the prescribing information and the patient Medication Guide [ [link removed] ] for all buprenorphine-containing medicines dissolved in the mouth.”

New Hampshire House Passes Adult Medicaid Dental Benefits
 
On Jan. 10, the New Hampshire House of Representatives passed a bill [ [link removed] ] that would add a dental benefit for adults enrolled in Medicaid. Specifically, the bill would require the state’s Commissioner of the Department of Health and Human Services to contract with dental managed care organizations to provide the benefit. Any managed care organization that wins a contract would be required to provide:
 • Diagnostic and preventive dental services;
 • Comprehensive restorative treatment necessary to prevent or treat oral health conditions;
 • Oral surgery and treatment necessary to relieve pain, eliminate infection or prevent imminent tooth loss; and
 • Specified prosthodontic coverage for groups under specified programs and nursing facility resident populations only, subject to medical necessity.

New Hampshire has debated the addition [ [link removed] ] of an adult benefit for several years, but concerns over funding have prevented implementation. In 2019, Gov. Christopher Sununu (D) signed legislation that directed a state agency to develop a plan for adding adult benefits, but he vetoed implementation of the plan in 2020 due to concerns about spending during the early stages of the pandemic.

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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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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