Florida 2022 Regular Session

Florida House Bill H0997 Latest Draft

Bill / Introduced Version Filed 12/21/2021

                               
 
HB 997  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to dental care services; amending s. 2 
409.906, F.S.; authorizing Medicaid to reimburse for 3 
dental services provided in a mobile dental unit owned 4 
by, operated by, or having a contractual agreement 5 
with a certain health access setting or similar 6 
setting or program under certain circumstances; 7 
authorizing the Agency for Health Care Administration 8 
to reimburse a licensed dental hygienist for certain 9 
remediable tasks; amending s. 466.007, F.S.; deleting 10 
a requirement that an applicant for dental hygienist 11 
licensure demonstrate specified skills on a live 12 
patient; amending s. 466.023, F.S.; deleting a 13 
remediable task only a licensed dental hygienist may 14 
be delegated; making technical changes; amending s. 15 
466.024, F.S.; authorizing a licensed dental hygienist 16 
to apply interim therapeutic restorations; deleting 17 
requirements that certain licensed dentists or 18 
physicians perform certain actions before and after a 19 
licensed dental hygienist performs certain remediable 20 
tasks and a prohibition on a licensed dental hygienist 21 
performing certain remediable tasks without specified 22 
supervision; providing an effective date. 23 
 24 
Be It Enacted by the Legislature of the Stat e of Florida: 25     
 
HB 997  	2022 
 
 
 
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 26 
 Section 1.  Paragraph (c) of subsection (1) and subsection 27 
(6) of section 409.906, Florida Statutes, are amended to read: 28 
 409.906  Optional Medicaid services. —Subject to specific 29 
appropriations, the agency may make payments for services which 30 
are optional to the state under Title XIX of the Social Security 31 
Act and are furnished by Medicaid providers to recipients who 32 
are determined to be eligible on the dates on which the services 33 
were provided. Any optional service that is provided shall be 34 
provided only when medically necessary and in accordance with 35 
state and federal law. Optional services rendered by providers 36 
in mobile units to Medicaid recipients may be restricted or 37 
prohibited by the agency. Nothing in this section shall be 38 
construed to prevent or limit the agency from adjusting fees, 39 
reimbursement rates, lengths of stay, number of visits, or 40 
number of services, or making any other adjustments necessary to 41 
comply with the availability of moneys and any limitations or 42 
directions provided for in the General Appropriations Act or 43 
chapter 216. If necessary to safeguard the state's systems of 44 
providing services to elderly and disabled persons and subject 45 
to the notice and review provisions of s. 216.177, the Governor 46 
may direct the Agency for Health Care Administration to amend 47 
the Medicaid state plan to delete the optional Medicaid service 48 
known as "Intermediate Care Facilities for the Developmentally 49 
Disabled." Optional services may include: 50     
 
HB 997  	2022 
 
 
 
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 (1)  ADULT DENTAL SERVICES. — 51 
 (c)  However, Medicaid will not provide reimbursement for 52 
dental services provided in a mobile dental unit, except for a 53 
mobile dental unit: 54 
 1.  Owned by, operated by, or having a contractual 55 
agreement with the Department of Health and complying with 56 
Medicaid's county he alth department clinic services program 57 
specifications as a county health department clinic services 58 
provider. 59 
 2.  Owned by, operated by, or having a contractual 60 
arrangement with a federally qualified health center and 61 
complying with Medicaid's federally qualified health center 62 
specifications as a federally qualified health center provider. 63 
 3.  Rendering dental services to Medicaid recipients, 21 64 
years of age and older, at nursing facilities. 65 
 4.  Owned by, operated by, or having a contractual 66 
agreement with a state-approved dental educational institution. 67 
 5.  Owned by, operated by, or having a contractual 68 
agreement with a health access setting as defined in s. 69 
466.003(14) or a similar setting or program that serves 70 
underserved or vulnerable populations t hat face barriers to 71 
accessing dental services including, but not limited to, 72 
homeless shelters or group homes for adults with disabilities. 73 
 (6)  CHILDREN'S DENTAL SERVICES. —The agency may pay for 74 
diagnostic, preventive, or corrective procedures, includin g 75     
 
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orthodontia in severe cases, provided to a recipient under age 76 
21, by or under the supervision of a licensed dentist. The 77 
agency may also reimburse a health access setting as defined in 78 
s. 466.003(14) or a licensed dental hygienist s. 466.003 for the 79 
remediable tasks that a licensed dental hygienist is authorized 80 
to perform under s. 466.024(2). Services provided under this 81 
program include treatment of the teeth and associated structures 82 
of the oral cavity, as well as treatment of disease, injury, or 83 
impairment that may affect the oral or general health of the 84 
individual. However, Medicaid will not provide reimbursement for 85 
dental services provided in a mobile dental unit, except for a 86 
mobile dental unit: 87 
 (a)  Owned by, operated by, or having a contractual 88 
agreement with the Department of Health and complying with 89 
Medicaid's county health department clinic services program 90 
specifications as a county health department clinic services 91 
provider. 92 
 (b)  Owned by, operated by, or having a contractual 93 
arrangement with a federally qualified health center and 94 
complying with Medicaid's federally qualified health center 95 
specifications as a federally qualified health center provider. 96 
 (c)  Rendering dental services to Medicaid recipients, 21 97 
years of age and older, at nursing facilities. 98 
 (d)  Owned by, operated by, or having a contractual 99 
agreement with a state -approved dental educational institution. 100     
 
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 (e)  Owned by, operated by, or having a contractual 101 
agreement with a health access setting as defined in s. 102 
466.003(14) or a similar setting or program that serves 103 
underserved or vulnerable populations that face barriers to 104 
accessing dental services including, but not limited to, 105 
homeless shelters, schools, Early Head Start programs, and the 106 
Special Supplemental Nutrition Program for Women, Infants, and 107 
Children. 108 
 Section 2.  Paragraph (b) of subsection (4) of section 109 
466.007, Florida Statutes, is amended to read: 110 
 466.007  Examination of dental hygienists. — 111 
 (4)  Effective July 1, 2012, to be licensed as a dental 112 
hygienist in this state, an applicant must successfully complete 113 
the following: 114 
 (b)  A practical or clinical examination approved by the 115 
board. The examination shall be the Dental Hygiene Examination 116 
produced by the American Board of Dental Examiners, Inc., (AD EX) 117 
or its successor entity, if any, if the board finds that the 118 
successor entity's clinical examination meets or exceeds the 119 
provisions of this section. The board shall approve the ADEX 120 
Dental Hygiene Examination if the board has attained and 121 
continues to maintain representation on the ADEX House of 122 
Representatives, the ADEX Dental Hygiene Examination Development 123 
Committee, and such other ADEX Dental Hygiene committees as the 124 
board deems appropriate through rulemaking to ensure that the 125     
 
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standards established in this section are maintained 126 
organizationally. The ADEX Dental Hygiene Examination or the 127 
examination produced by its successor entity is a comprehensive 128 
examination in which an applicant must demonstrate skills within 129 
the dental hygiene scope of prac tice on a live patient and any 130 
other components that the board deems necessary for the 131 
applicant to successfully demonstrate competency for the purpose 132 
of licensure. 133 
 Section 3.  Subsection (1) of section 466.023, Florida 134 
Statutes, is amended to read: 135 
 466.023  Dental hygienists; scope and area of practice. — 136 
 (1)  Except as otherwise provided in s. 466.024, only 137 
dental hygienists may be delegated the task of removing calculus 138 
deposits and, accretions, and stains from exposed surfaces of 139 
the teeth and from tooth surfaces within the gingival sulcus and 140 
the task of performing root planing and gingival curettage. In 141 
addition, dental hygienists may expose dental X -ray films, apply 142 
topical preventive or prophylactic agents, and perform all tasks 143 
delegable by the dentist in accordance with s. 466.024. The 144 
board by rule shall determine whether such functions shall be 145 
performed under the direct, indirect, or general supervision of 146 
the dentist. 147 
 Section 4.  Paragraph (f) of subsection (2) of section 148 
466.024, Florida Statutes, is redesignated as paragraph (g) and 149 
amended, and a new paragraph (f) is added to that subsection, to 150     
 
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read: 151 
 466.024  Delegation of duties; expanded functions. — 152 
 (2)  A dental hygienist licensed in this state may perform 153 
the following remediabl e tasks in a health access setting as 154 
defined in s. 466.003 without the physical presence, prior 155 
examination, or authorization of a dentist: 156 
 (f)  Apply interim therapeutic restorations. 157 
 (g)(f) Remove calculus deposits and, accretions, and 158 
stains from exposed surfaces of the teeth and from tooth 159 
surfaces within the gingival sulcus. 160 
 1.  A dentist licensed under this chapter or a physician 161 
licensed under chapter 458 or chapter 459 must give medical 162 
clearance before a dental hygienist removes calculus depos its, 163 
accretions, and stains from exposed surfaces of the teeth or 164 
from tooth surfaces within the gingival sulcus. 165 
 2.  A dentist shall conduct a dental examination on a 166 
patient within 13 months after a dental hygienist removes the 167 
patient's calculus deposi ts, accretions, and stains from exposed 168 
surfaces of the teeth or from tooth surfaces within the gingival 169 
sulcus. Additional oral hygiene services may not be performed 170 
under this paragraph without a clinical examination by a dentist 171 
who is licensed under th is chapter. 172 
 173 
This subsection does not authorize a dental hygienist to perform 174 
root planing or gingival curettage without supervision by a 175     
 
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dentist. 176 
 Section 5.  This act shall take effect July 1, 2022. 177