Florida Senate - 2022                                    SB 1444
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-01733C-22                                           20221444__
    1                        A bill to be entitled                      
    2         An act relating to dental care services; amending s.
    3         409.906, F.S.; authorizing the Agency for Health Care
    4         Administration to provide Medicaid reimbursements for
    5         dental services provided by a mobile dental unit owned
    6         by, operated by, or having a contractual agreement
    7         with a health access setting or a similar setting or
    8         program under certain circumstances; authorizing the
    9         agency to reimburse a licensed dental hygienist for
   10         certain remediable tasks; amending s. 466.007, F.S.;
   11         deleting the requirement that applicants for dental
   12         hygienist licensure demonstrate specified skills on a
   13         live patient; amending s. 466.023, F.S.; revising
   14         specified tasks that may be delegated only to a
   15         licensed dental hygienist; amending s. 466.024, F.S.;
   16         revising specified remediable tasks licensed dental
   17         hygienists may perform in health access settings
   18         without the physical presence, prior examination, or
   19         authorization of a dentist; deleting a requirement
   20         that a licensed dentist or physician provide medical
   21         clearance before a licensed dental hygienist may
   22         perform certain tasks on a patient; deleting a
   23         requirement that a licensed dentist perform a dental
   24         examination of the patient within a specified
   25         timeframe after a dental hygienist performs such
   26         tasks; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (c) of subsection (1) and subsection
   31  (6) of section 409.906, Florida Statutes, are amended to read:
   32         409.906 Optional Medicaid services.—Subject to specific
   33  appropriations, the agency may make payments for services which
   34  are optional to the state under Title XIX of the Social Security
   35  Act and are furnished by Medicaid providers to recipients who
   36  are determined to be eligible on the dates on which the services
   37  were provided. Any optional service that is provided shall be
   38  provided only when medically necessary and in accordance with
   39  state and federal law. Optional services rendered by providers
   40  in mobile units to Medicaid recipients may be restricted or
   41  prohibited by the agency. Nothing in this section shall be
   42  construed to prevent or limit the agency from adjusting fees,
   43  reimbursement rates, lengths of stay, number of visits, or
   44  number of services, or making any other adjustments necessary to
   45  comply with the availability of moneys and any limitations or
   46  directions provided for in the General Appropriations Act or
   47  chapter 216. If necessary to safeguard the state’s systems of
   48  providing services to elderly and disabled persons and subject
   49  to the notice and review provisions of s. 216.177, the Governor
   50  may direct the Agency for Health Care Administration to amend
   51  the Medicaid state plan to delete the optional Medicaid service
   52  known as “Intermediate Care Facilities for the Developmentally
   53  Disabled.” Optional services may include:
   54         (1) ADULT DENTAL SERVICES.—
   55         (c) However, Medicaid will not provide reimbursement for
   56  dental services provided by in a mobile dental unit, except for
   57  a mobile dental unit:
   58         1. Owned by, operated by, or having a contractual agreement
   59  with the Department of Health and complying with Medicaid’s
   60  county health department clinic services program specifications
   61  as a county health department clinic services provider.
   62         2. Owned by, operated by, or having a contractual
   63  arrangement with a federally qualified health center and
   64  complying with Medicaid’s federally qualified health center
   65  specifications as a federally qualified health center provider.
   66         3. Rendering dental services to Medicaid recipients, 21
   67  years of age and older, at nursing facilities.
   68         4. Owned by, operated by, or having a contractual agreement
   69  with a state-approved dental educational institution.
   70         5.Owned by, operated by, or having a contractual agreement
   71  with a health access setting as defined in s. 466.003(14) or a
   72  similar setting or program that serves underserved or vulnerable
   73  populations that face barriers to accessing dental services,
   74  including, but not limited to, homeless shelters or group homes
   75  for adults with disabilities.
   76         (6) CHILDREN’S DENTAL SERVICES.—The agency may pay for
   77  diagnostic, preventive, or corrective procedures, including
   78  orthodontia in severe cases, provided to a recipient under age
   79  21, by or under the supervision of a licensed dentist. The
   80  agency may also reimburse a health access setting as defined in
   81  s. 466.003(14) or a licensed dental hygienist s. 466.003 for the
   82  remediable tasks that a licensed dental hygienist is authorized
   83  to perform under s. 466.024(2). Services provided under this
   84  program include treatment of the teeth and associated structures
   85  of the oral cavity, as well as treatment of disease, injury, or
   86  impairment that may affect the oral or general health of the
   87  individual. However, Medicaid will not provide reimbursement for
   88  dental services provided by in a mobile dental unit, except for
   89  a mobile dental unit:
   90         (a) Owned by, operated by, or having a contractual
   91  agreement with the Department of Health and complying with
   92  Medicaid’s county health department clinic services program
   93  specifications as a county health department clinic services
   94  provider.
   95         (b) Owned by, operated by, or having a contractual
   96  arrangement with a federally qualified health center and
   97  complying with Medicaid’s federally qualified health center
   98  specifications as a federally qualified health center provider.
   99         (c) Rendering dental services to Medicaid recipients, 21
  100  years of age and older, at nursing facilities.
  101         (d) Owned by, operated by, or having a contractual
  102  agreement with a state-approved dental educational institution.
  103         (e)Owned by, operated by, or having a contractual
  104  agreement with a health access setting as defined in s.
  105  466.003(14) or a similar setting or program that serves
  106  underserved or vulnerable populations that face barriers to
  107  accessing dental services, including, but not limited to,
  108  homeless shelters, schools, Early Head Start programs, and the
  109  Special Supplemental Nutrition Program for Women, Infants, and
  110  Children.
  111         Section 2. Paragraph (b) of subsection (4) of section
  112  466.007, Florida Statutes, is amended to read:
  113         466.007 Examination of dental hygienists.—
  114         (4) Effective July 1, 2012, to be licensed as a dental
  115  hygienist in this state, an applicant must successfully complete
  116  the following:
  117         (b) A practical or clinical examination approved by the
  118  board. The examination shall be the Dental Hygiene Examination
  119  produced by the American Board of Dental Examiners, Inc., (ADEX)
  120  or its successor entity, if any, if the board finds that the
  121  successor entity’s clinical examination meets or exceeds the
  122  provisions of this section. The board shall approve the ADEX
  123  Dental Hygiene Examination if the board has attained and
  124  continues to maintain representation on the ADEX House of
  125  Representatives, the ADEX Dental Hygiene Examination Development
  126  Committee, and such other ADEX Dental Hygiene committees as the
  127  board deems appropriate through rulemaking to ensure that the
  128  standards established in this section are maintained
  129  organizationally. The ADEX Dental Hygiene Examination or the
  130  examination produced by its successor entity is a comprehensive
  131  examination in which an applicant must demonstrate skills within
  132  the dental hygiene scope of practice on a live patient and any
  133  other components that the board deems necessary for the
  134  applicant to successfully demonstrate competency for the purpose
  135  of licensure.
  136         Section 3. Subsection (1) of section 466.023, Florida
  137  Statutes, is amended to read:
  138         466.023 Dental hygienists; scope and area of practice.—
  139         (1) Except as otherwise provided in s. 466.024, only dental
  140  hygienists may be delegated the task of removing calculus
  141  deposits and, accretions, and stains from exposed surfaces of
  142  the teeth and from tooth surfaces within the gingival sulcus and
  143  the task of performing root planing and gingival curettage. In
  144  addition, dental hygienists may expose dental X-ray films, apply
  145  topical preventive or prophylactic agents, and perform all tasks
  146  delegable by the dentist in accordance with s. 466.024. The
  147  board by rule shall determine whether such functions shall be
  148  performed under the direct, indirect, or general supervision of
  149  the dentist.
  150         Section 4. Present paragraph (f) of subsection (2) of
  151  section 466.024, Florida Statutes, is redesignated as paragraph
  152  (g) and amended, and a new paragraph (f) is added to that
  153  subsection, to read:
  154         466.024 Delegation of duties; expanded functions.—
  155         (2) A dental hygienist licensed in this state may perform
  156  the following remediable tasks in a health access setting as
  157  defined in s. 466.003 without the physical presence, prior
  158  examination, or authorization of a dentist:
  159         (f)Apply interim therapeutic restorations.
  160         (g)(f) Remove calculus deposits and, accretions, and stains
  161  from exposed surfaces of the teeth and from tooth surfaces
  162  within the gingival sulcus.
  163         1.A dentist licensed under this chapter or a physician
  164  licensed under chapter 458 or chapter 459 must give medical
  165  clearance before a dental hygienist removes calculus deposits,
  166  accretions, and stains from exposed surfaces of the teeth or
  167  from tooth surfaces within the gingival sulcus.
  168         2.A dentist shall conduct a dental examination on a
  169  patient within 13 months after a dental hygienist removes the
  170  patient’s calculus deposits, accretions, and stains from exposed
  171  surfaces of the teeth or from tooth surfaces within the gingival
  172  sulcus. Additional oral hygiene services may not be performed
  173  under this paragraph without a clinical examination by a dentist
  174  who is licensed under this chapter.
  175  
  176  This subsection does not authorize a dental hygienist to perform
  177  root planing or gingival curettage without supervision by a
  178  dentist.
  179         Section 5. This act shall take effect July 1, 2022.