Florida Senate - 2023                                    SB 1000
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00859A-23                                          20231000__
    1                        A bill to be entitled                      
    2         An act relating to dental care; amending s. 409.906,
    3         F.S.; authorizing Medicaid reimbursement for dental
    4         services provided by mobile dental units owned by,
    5         operated by, or having contractual agreements with
    6         specified entities; defining the term “mobile dental
    7         unit”; amending s. 466.007, F.S.; revising licensure
    8         examination requirements for dental hygienists to
    9         authorize applicants to demonstrate certain clinical
   10         skills on a live patient rather than only on a
   11         manikin; authorizing the Board of Dentistry to require
   12         persons applying to take the dental hygiene
   13         examination to maintain medical malpractice insurance
   14         in a specified amount; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (c) of subsection (1) and subsection
   19  (6) of section 409.906, Florida Statutes, are amended to read:
   20         409.906 Optional Medicaid services.—Subject to specific
   21  appropriations, the agency may make payments for services which
   22  are optional to the state under Title XIX of the Social Security
   23  Act and are furnished by Medicaid providers to recipients who
   24  are determined to be eligible on the dates on which the services
   25  were provided. Any optional service that is provided shall be
   26  provided only when medically necessary and in accordance with
   27  state and federal law. Optional services rendered by providers
   28  in mobile units to Medicaid recipients may be restricted or
   29  prohibited by the agency. Nothing in this section shall be
   30  construed to prevent or limit the agency from adjusting fees,
   31  reimbursement rates, lengths of stay, number of visits, or
   32  number of services, or making any other adjustments necessary to
   33  comply with the availability of moneys and any limitations or
   34  directions provided for in the General Appropriations Act or
   35  chapter 216. If necessary to safeguard the state’s systems of
   36  providing services to elderly and disabled persons and subject
   37  to the notice and review provisions of s. 216.177, the Governor
   38  may direct the Agency for Health Care Administration to amend
   39  the Medicaid state plan to delete the optional Medicaid service
   40  known as “Intermediate Care Facilities for the Developmentally
   41  Disabled.” Optional services may include:
   42         (1) ADULT DENTAL SERVICES.—
   43         (c) However, Medicaid will not provide reimbursement for
   44  dental services provided by in a mobile dental unit, except for
   45  a mobile dental unit:
   46         1. Owned by, operated by, or having a contractual agreement
   47  with the Department of Health and complying with Medicaid’s
   48  county health department clinic services program specifications
   49  as a county health department clinic services provider.
   50         2. Owned by, operated by, or having a contractual
   51  arrangement with a federally qualified health center and
   52  complying with Medicaid’s federally qualified health center
   53  specifications as a federally qualified health center provider.
   54         3. Rendering dental services to Medicaid recipients, 21
   55  years of age and older, at nursing facilities.
   56         4. Owned by, operated by, or having a contractual agreement
   57  with a state-approved dental educational institution or an
   58  accredited dental hygiene program.
   59         5.Owned by, operated by, or having a contractual
   60  relationship with the Department of Children and Families.
   61         6.Owned by, operated by, or having a contractual
   62  relationship with the Department of Juvenile Justice.
   63         7.Owned by, operated by, or having a contractual
   64  relationship with a nonprofit community health center.
   65         8.Owned by, operated by, or having a contractual
   66  relationship with a federally approved Head Start center.
   67         9.Owned by, operated by, or having a contractual
   68  relationship with a school-based prevention program as defined
   69  in s. 466.003(15).
   70  
   71  For purposes of this paragraph, “mobile dental unit” means a
   72  nonfacility structure in which dental equipment, used in the
   73  practice of dentistry, is transported to and used on a temporary
   74  basis at an out-of-office location.
   75         (6) CHILDREN’S DENTAL SERVICES.—The agency may pay for
   76  diagnostic, preventive, or corrective procedures, including
   77  orthodontia in severe cases, provided to a recipient under age
   78  21, by or under the supervision of a licensed dentist. The
   79  agency may also reimburse a health access setting as defined in
   80  s. 466.003 for the remediable tasks that a licensed dental
   81  hygienist is authorized to perform under s. 466.024(2). Services
   82  provided under this program include treatment of the teeth and
   83  associated structures of the oral cavity, as well as treatment
   84  of disease, injury, or impairment that may affect the oral or
   85  general health of the individual. However, Medicaid will not
   86  provide reimbursement for dental services provided by in a
   87  mobile dental unit, except for a mobile dental unit:
   88         (a) Owned by, operated by, or having a contractual
   89  agreement with the Department of Health and complying with
   90  Medicaid’s county health department clinic services program
   91  specifications as a county health department clinic services
   92  provider.
   93         (b) Owned by, operated by, or having a contractual
   94  arrangement with a federally qualified health center and
   95  complying with Medicaid’s federally qualified health center
   96  specifications as a federally qualified health center provider.
   97         (c) Rendering dental services to Medicaid recipients, 21
   98  years of age and older, at nursing facilities.
   99         (d) Owned by, operated by, or having a contractual
  100  agreement with a state-approved dental educational institution
  101  or an accredited dental hygiene program.
  102         (e)Owned by, operated by, or having a contractual
  103  relationship with the Department of Children and Families.
  104         (f)Owned by, operated by, or having a contractual
  105  relationship with the Department of Juvenile Justice.
  106         (g)Owned by, operated by, or having a contractual
  107  relationship with a nonprofit community health center.
  108         (h)Owned by, operated by, or having a contractual
  109  relationship with a federally approved Head Start center.
  110         (i)Owned by, operated by, or having a contractual
  111  relationship with a school-based prevention program as defined
  112  in s. 466.003(15).
  113  
  114  For purposes of this subsection, “mobile dental unit” means a
  115  nonfacility structure in which dental equipment, used in the
  116  practice of dentistry, is transported to and used on a temporary
  117  basis at an out-of-office location.
  118         Section 2. Subsection (4) of section 466.007, Florida
  119  Statutes, is amended to read:
  120         466.007 Examination of dental hygienists.—
  121         (4) Effective July 1, 2012, To be licensed as a dental
  122  hygienist in this state, an applicant must successfully complete
  123  the following:
  124         (a) A written examination on the laws and rules of this
  125  state regulating the practice of dental hygiene.
  126         (b) A practical or clinical examination approved by the
  127  board. The examination shall be the Dental Hygiene Examination
  128  produced by the American Board of Dental Examiners, Inc., (ADEX)
  129  or its successor entity, if any, if the board finds that the
  130  successor entity’s clinical examination meets or exceeds the
  131  provisions of this section. The board shall approve the ADEX
  132  Dental Hygiene Examination if the board has attained and
  133  continues to maintain representation on the ADEX House of
  134  Representatives, the ADEX Dental Hygiene Examination Development
  135  Committee, and such other ADEX Dental Hygiene committees as the
  136  board deems appropriate through rulemaking to ensure that the
  137  standards established in this section are maintained
  138  organizationally. The ADEX Dental Hygiene Examination or the
  139  examination produced by its successor entity is a comprehensive
  140  examination in which an applicant must demonstrate skills within
  141  the dental hygiene scope of practice on a live patient or a
  142  manikin that has typodont teeth with simulated dentition and
  143  calculus as approved by the Commission on Dental Competency
  144  Assessments and any other components that the board deems
  145  necessary for the applicant to successfully demonstrate
  146  competency for the purpose of licensure. The board may require
  147  any person applying to take the examination to practice dental
  148  hygiene in this state to maintain medical malpractice insurance
  149  in amounts sufficient to cover any incident of harm to a patient
  150  during the clinical examination.
  151         Section 3. This act shall take effect July 1, 2023.