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American Dental Education Association

Volume 2, No. 67, September 14, 2022

Biden Administration Releases More Information on Student Loan Cancelation
 
On Aug. 24, the Department of Education (ED) announced the student loan debt relief plan [ [link removed] ] , a series of steps to assist persons with student debt. A detailed summary of the plan can be found at the ADEA website [ [link removed] ] .
 
Last week, ED announced additional information [ [link removed] ] and that an online form will be available in October to assist borrowers in filing the necessary paperwork to receive the relief they are entitled to. A rule will be issued in December with details on the implementation of the plan. Stay tuned for more details as they become available.

DHS Issues Rule Rescinding Trump-era Policy on Public Charge
 
The Department of Homeland Security (DHS) finalized a rule [ [link removed] ] that repeals a Trump administration rule [ [link removed] ] that, in effect, discouraged non-citizen immigrants from using government-funded health services.
 
The new rule clarifies that DHS will not classify non-citizens as “public charges”—a classification that could result in them being denied green cards—based on their use of health-related benefits and government services. Under the new rule that takes effect Dec. 23, health benefits, such as the Children’s Health Insurance Program (CHIP) and Medicaid benefits, except long-term care benefits, would not count against non-citizens in green card eligibility. Additionally, DHS said it would not consider Supplemental Nutrition Assistance Program (SNAP) benefits or pandemic assistance, along with several other governmental benefits, as public benefits that would count against non-citizens in green card eligibility.
 
The 2019 Trump administration rule, which was vacated by a federal court in 2021, redefined a “public charge” as an “alien who receives one or more public benefits for more than 12 months in the aggregate within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).” It also broadened the definition of public benefits to include programs such as SNAP, CHIP, Medicaid and nutrition programs, as well as several other government programs.

Congress Considers Funding the Federal Government into Fiscal Year 2023
 
Congress returns to work this month with much to do. The most urgent is to provide for the continuation of federal government operations beyond the end to the fiscal year on Sept. 30. There are a number of threatened riders from various factions that could complicate passage; however, there appears to be little appetite to shut down the government. At this time both Democrats and Republicans and both Houses are expected to reach common ground before the deadline. The continuing resolution is expected to be in place until Dec. 16.

HHS and DOJ Issue Guidance on Nondiscrimination in Telehealth
 
The Department of Health and Human Services and the Department of Justice jointly issued guidance [ [link removed] ] on nondiscrimination in telehealth. The issuance of the guidance coincides with the 32nd anniversary of the Americans with Disabilities Act (ADA), a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, telecommunications and all public and private places that are open to the general public. The guidance underscores a health care provider’s legal requirement to provide accessibility to health care for people with disabilities—both intellectual and physical—and to those persons with limited English proficiency.
 
The guidance not only clarifies for providers how the ADA, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Section 1557 of the Patient Protection and Affordable Care Act, work together to extend federal discrimination protections in health care, including telehealth, but also the guidance helps patients understand their rights under the law.
 
The Biden administration noted that this guidance was issued in furtherance of President Biden’s June 2021 Executive Order [ [link removed] ] to advance diversity, equity, inclusion and accessibility.

California Governor Signs Bill Allowing Registered Dental Hygienists in Alternative Practice to Provide Dental Services in Specified Facilities
 
On Aug. 22, California Gov. Gavin Newsom (D) signed a bill [ [link removed] ] that clarifies registered dental hygienists in alternative practice (RDHAP) are permitted to provide dental hygiene services to patients in a long-term health care facility, as well as oral health training to staff in these facilities.
 
According to statements from the bill sponsor, analysis provided by legislative staff [ [link removed] ] , the state’s dental practice act allows RDHAPs to provide dental services in numerous settings, but recently some long-term care facilities have prevented RDHAPs from providing care to patients, citing the lack of specific inclusion of RDHAPs as practitioners authorized to provide oral health care under state statutes governing Social Security.

Colorado and Pennsylvania Invest in Training for Dental Assistants
 
Both Colorado and Pennsylvania recently announced funding initiatives that could result in more dental assistants in each state. Colorado’s Care Forward Program [ [link removed] ] will provide funding for tuition, fees and course material for individuals seeking certificates in specified health care programs, including dental assisting. The program will be available at 19 of the state’s community colleges and will invest $26 million in federal stimulus money [ [link removed] ] to address workforce shortages in the state.
 
Pennsylvania Gov. Tom Wolf (D) announced plans [ [link removed] ] to invest $89,100 in the Philadelphia-based Over All Training (OAT) dental-assistant-registered-apprenticeship program. A press release from the Governor’s office stated that funding will enable OAT to “provide supportive services and training to produce more competitive employees by training and employing 30 apprentices in partnership with up to 10 employers.”

Federal Judge Reinstates Work Requirement in Georgia’s Partial Medicaid Expansion Proposal
 
A federal judge has ruled that Centers for Medicare & Medicaid Services (CMS) violated federal law [ [link removed] ] in revoking a work requirement included in Georgia’s partial Medicaid expansion proposal. Although similar work requirements have been struck down [ [link removed] ] by federal courts in other states, Judge Lisa Godby Wood stated the decision by CMS was “arbitrary and capricious” as the agency failed to explain its decision. She also stated that CMS measured Georgia’s proposal against full Medicaid expansion rather than measuring the proposal on its own, and that by doing so, did not consider that rejection of the proposal could result in reduced Medicaid coverage as Georgia chose not to implement any expansion without the requirement.
 
Georgia’s initial waiver request was approved by CMS in the final days of the Trump administration, but that decision was reversed by the Biden administration [ [link removed] ] in December 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
 • 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 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.
 
©2022
American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
Tel: 202-289-7201
Website: www.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
 
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