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