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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to dental care; amending s. 409.906, 2
F.S.; authorizing Medicaid reimbursement for dental 3
services provided by mobile dental units owned by, 4
operated by, or having contractual agreements with 5
specified entities; defining the term "mobile dental 6
unit"; amending s. 466.007, F.S.; deleting an obsolete 7
date; revising licensure examination requirements for 8
dental hygienists to authorize applicants t o 9
demonstrate certain clinical skills on a live patient 10
rather than only on a manikin; authorizing the Board 11
of Dentistry to require persons applying to take the 12
dental hygiene examination to maintain medical 13
malpractice insurance in certain amounts; provi ding an 14
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 whic h the services 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 restrict ed 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 47
agreement with the Department of Health and complying with 48
Medicaid's county health department clinic services program 49
specifications as a county health department clinic services 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provider. 51
2. Owned by, operated by, or having a contractual 52
arrangement with a federally qualified health center and 53
complying with Medicaid's federally qualified health center 54
specifications as a federally qualified health center provider. 55
3. Rendering dental services to Medicaid recipients, 21 56
years of age and older, at nursing facilities. 57
4. Owned by, operated by, or having a contractual 58
agreement with a state -approved dental educational institution 59
or an accredited dental hygiene program . 60
5. Owned by, operated by, or having a contractual 61
relationship with the Department of Children and Families. 62
6. Owned by, operated by, or having a contractual 63
relationship with the Department of Juvenile Justice. 64
7. Owned by, operated by, or having a contractual 65
relationship with a nonprofit community health center. 66
8. Owned by, operated by, or having a contractual 67
relationship with a federally approved Head Start center. 68
9. Owned by, operated by, or having a contractual 69
relationship with a school -based prevention program as defined 70
in s. 466.003(15). 71
72
For purposes of this paragraph, the term "mobile dental unit" 73
means a nonfacility structure in which dental equipment used in 74
the practice of dentistry is transported to and used on a 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
temporary basis at an out -of-office location. 76
(6) CHILDREN'S DENTAL SE RVICES.—The agency may pay for 77
diagnostic, preventive, or corrective procedures, including 78
orthodontia in severe cases, provided to a recipient under age 79
21, by or under the supervision of a licensed dentist. The 80
agency may also reimburse a health access s etting as defined in 81
s. 466.003 for the remediable tasks that a licensed dental 82
hygienist is authorized to perform under s. 466.024(2). Services 83
provided under this program include treatment of the teeth and 84
associated structures of the oral cavity, as wel l as treatment 85
of disease, injury, or impairment that may affect the oral or 86
general health of the individual. However, Medicaid will not 87
provide reimbursement for dental services provided by in a 88
mobile dental unit, except for 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 Medica id recipients, 21 99
years of age and older, at nursing facilities. 100
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(d) Owned by, operated by, or having a contractual 101
agreement with a state -approved dental educational institution 102
or an accredited dental hygiene program . 103
(e) Owned by, operated by, or ha ving a contractual 104
relationship with the Department of Children and Families. 105
(f) Owned by, operated by, or having a contractual 106
relationship with the Department of Juvenile Justice. 107
(g) Owned by, operated by, or having a contractual 108
relationship with a nonprofit community health center. 109
(h) Owned by, operated by, or having a contractual 110
relationship with a federally approved Head Start center. 111
(i) Owned by, operated by, or having a contractual 112
relationship with a school -based prevention program as defined 113
in s. 466.003(15). 114
115
For purposes of this subsection, the term "mobile dental unit" 116
means a nonfacility structure in which dental equipment used in 117
the practice of dentistry is transported to and used on a 118
temporary basis at an out -of-office location. 119
Section 2. Subsection (4) of section 466.007, Florida 120
Statutes, is amended to read: 121
466.007 Examination of dental hygienists. — 122
(4) Effective July 1, 2012, To be licensed as a dental 123
hygienist in this state, an applicant must successfully complet e 124
the following: 125
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(a) A written examination on the laws and rules of this 126
state regulating the practice of dental hygiene. 127
(b) A practical or clinical examination approved by the 128
board. The examination shall be the Dental Hygiene Examination 129
produced by the American Board of Dental Examiners, Inc., (ADEX) 130
or its successor entity, if any, if the board finds that the 131
successor entity's clinical examination meets or exceeds the 132
provisions of this section. The board shall approve the ADEX 133
Dental Hygiene Examination if the board has attained and 134
continues to maintain representation on the ADEX House of 135
Representatives, the ADEX Dental Hygiene Examination Development 136
Committee, and such other ADEX Dental Hygiene committees as the 137
board deems appropriate through rulemaking to ensure that the 138
standards established in this section are maintained 139
organizationally. The ADEX Dental Hygiene Examination or the 140
examination produced by its successor entity is a comprehensive 141
examination in which an applicant must demonstr ate skills within 142
the dental hygiene scope of practice on a live patient or a 143
manikin that has typodont teeth with simulated dentition and 144
calculus as approved by the Commission on Dental Competency 145
Assessments and any other components that the board deems 146
necessary for the applicant to successfully demonstrate 147
competency for the purpose of licensure. The board may require 148
any person applying to take the examination to practice dental 149
hygiene in this state to maintain medical malpractice insurance 150
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in amounts sufficient to cover any incident of harm to a patient 151
during the clinical examination. 152
Section 3. This act shall take effect July 1, 2023. 153