Government Relations
In May, the Pennsylvania General Assembly sent a $25.8 billion
stopgap budget to Gov. Tom Wolf for approval. It is a five-month
spending plan that flat funds most state agencies at a level
loosely based on last year’s adopted budget, except for education
and food security programs, which are fully funded for the
entire year.
In addition to the general appropriation legislation and allocating
funding for COVID-19 programs, the General Assembly also
passed several measures often referred to as the “code bills,”
which often include other policy priorities of the General
Assembly and direct how state agencies are to spend the money
provided in the General Fund.
Pennsylvania’s “code bills” include two important oral health
initiatives as part of the short-term budget agreement:
• It preserves funding for tobacco cessation and prevention
programs. These programs are important for preventing
the start of all tobacco use among youth and young adults
and promoting cessation efforts among adults and youth
to address all tobacco product use.
• It preserves funding for Donated Dental Services under the
Department of Health. The $150,000 in funding enables
Dental Lifeline Network to employ two regional coordinators
who screen patients and connect them with volunteer
dentists and dental labs.
Assignment of Benefits/Direct Pay
In 2020, PDA remains committed to passing assignment of
benefits (Direct Pay) legislation. We were successful in lobbying
HB 564 out of the House of Insurance Committee and hoped to
have the bill out of the House and over to the Senate by spring.
But the COVID-19 pandemic stalled PDA’s efforts indefinitely
until the fall session commences in mid-September. PDA’s
lobbyists, staff and volunteer leaders are working over the
summer to lay the groundwork for garnering enough support
to pass HB 564.
The insurance lobby is vociferously opposed to HB 564. They
will continue aggressively lobbying against HB 564 to make sure
that it “dies” by the end of the year when the legislative session
is over. PDA will need to reintroduce the bill next session if it
does not pass in 2020.
COVID-Related Immunity for Health Care Providers
Governor Wolf issued an executive order that provides some
protection to health care providers, but it is limited in scope by
only applying to health care providers who have treated
patients for COVID-19 related illnesses. To protect all health care
providers who are not on the front line treating COVID-19 patients,
but have nonetheless been impacted by the government’s
guidance and directives, Sen. Michelle Brooks (R- Crawford, Erie,
Warren and Mercer) introduced legislation in the Senate (SB 1181).
Also, at PDA’s request Rep. Karen Boback (R-Luzerne, Lackawanna
and Wyoming) is introducing legislation in the House.
This legislation essentially:
• Provides immunity from civil liability for any injury or wrongful
death arising from providers “abandoning” patients to whom
they owed a duty to provide health care, when to a declared
state or local emergency prevented the provider from
providing the requisite health care.
• Provides immunity from civil liability for any injury or wrongful
death arising from the delivery or withholding of health care
when a state or local emergency results in a lack of resources
that renders the health care provider unable to provide
the level or manner or care that would have otherwise been
provided.
Additionally, as part of the Pennsylvania Provider Advocacy
Coalition, PDA is advocating for legislation to pass at the federal
and/or state level. The coalition is comprised of representatives
from dozens of health care organizations.
State Board of Dentistry Regulatory Update
PDA is actively monitoring and responding to emerging trends
in the delivery of dental services, in particular Do-It-Yourself
(DIY) dentistry and teledentistry models in the private sector.
PDA recently sent a letter to the State Board of Dentistry (SBOD)
asking it to consider amending its definition of “general
supervision,” which defines the circumstances in which dentists
provide in-person examinations and render diagnosis so that it
applies to these non-traditional models.
The SBOD will spend 2020 finalizing proposed regulations
expanding public health dental hygiene practitioner (PHDHP)
practice site locations to include child care settings and
physicians’ offices, as well as updating regulations for anesthesia
permit holders. There most likely will be new regulations
increasing license and permit application fees for the next two
licensure cycles. There might also be new regulations requiring
dental offices to have AEDS and increasing civil penalties in
disciplinary matters.
JULY/AUGUST 2020 | PENNSYLVANIA DENTAL JOURNAL 7