Government Relations
PDA ’ s Mid-Session Legislative Update
By Marisa Swarney , Director of Government Relations
Members of the Pennsylvania General Assembly are wrapping up the first year of a two-year legislative session with plans to return to their districts until session resumes in late January . Having spent most of the early part of 2021 trying to pass legislation to mitigate the impact of the pandemic , as well as passing a state budget made easier with the influx of federal dollars , the latter half of the year was spent handling infrastructure and election reform , among other things .
So , just how did dentistry fare during the first year of this session ? We are busy monitoring more than 30 bills that have the potential to impact your profession while PDA ’ s staff , lobbyists and volunteer leaders pursue PDA ’ s advocacy goals for this year and next . Following are the highlights of the more significant issues coming to the forefront this session .
PDA Preserves State Funding for Donated Dental Services Program
In June , the Pennsylvania General Assembly 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 will spend the money provided in the General Fund .
One of PDA ’ s ongoing goals is to preserve state funding for the Donated Dental Services ( DDS ) Program , which offers free dental care to patients who are medically fragile , elderly or disabled .
Due to PDA ’ s advocacy efforts , Pennsylvania ’ s “ code bill ” included funding for the DDS program under the Department of Health . The $ 150,000 in funding enables Dental Lifeline Network , which operates the DDS program , to employ two regional coordinators who screen patients and connect them with volunteer dentists and dental labs .
Telehealth
PDA is monitoring and responding to several telehealth bills that have so far been introduced this session . These bills regulate the practice of telehealth services and mandate insurance payment .
Practically speaking , most insurers have already taken advantage of the fact that Pennsylvania does not have a law that expressly prohibits the practice of telehealth and they were already covering some services even prior to the pandemic . A law would further define telehealth and third-party payment processes , and it would also provide more guidance to licensing boards promulgating regulations for their respective licensees who are engaging in telehealth services .
PDA ’ s Government Relations Committee ’ s Teledentistry Subcommittee is reviewing these legislative proposals and their impact on dentistry to ensure that standards of care are met with regards to patient examinations and supervision of other dental team members , and more . Most recently , Sen . Elder Vogel ’ s legislation began to gain traction in the Senate . In June , PDA sent a letter to the Senate Banking and Insurance Committee with a request to amend certain provisions in SB 705 to make it more applicable to the delivery of dental services .
PDA scored an advocacy win by successfully amending SB 705 to include the following :
• Providers should use their best clinical judgement to determine whether a diagnosis and treatment plan can be rendered virtually .
• A disclosure for dentistry so that dentists offering online evaluations should inform patients that the service is not a comprehensive dental examination . The rationale for this is that this preserves the standard of care for dentists rendering exams , diagnoses and treatment plans , while provide the mechanism in which insurers should cover both a problemfocused virtual exam and in-person comprehensive exam .
SB 705 passed in committee in the spring and it now moves to the full Senate for a vote in the fall .
Assignment of Benefits
Assignment of Benefits is PDA ’ s top priority this session , and we are changing up our strategy to pass it through the General Assembly . This legislation , introduced by Sen . Judy Ward as SB 850 , requires insurers to honor patients ’ request to directly assign their dental benefit to the dentist who renders care , even if the dentist is a non-participating provider .
PDA ’ s lobbyists , staff and volunteers spent the summer and early fall educating senators , particularly those who serve on the Banking and Insurance Committee , about how assignment of benefits legislation will help dentists and patients , and ultimately improve access to dental care . Prior to its introduction , we included language in the bill to address concerns expressed by many legislators about maintaining network adequacy and ensuring that patients are not “ surprised ” when non-participating providers balance bill for a procedure not fully covered by the patient ’ s insurance plan .
PDA is optimistic that SB 850 will pass out of the Senate this fall and move to the House of Representatives for a vote in 2022 .
SEPTEMBER / OCTOBER 2021 | PENNSYLVANIA DENTAL JOURNAL 7