FL
Florida House Bill H1177

Florida 2023 Regular Session

Florida House Bill H1177 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to dental care; amending s. 409.906, 2
1616 F.S.; authorizing Medicaid reimbursement for dental 3
17-services provided by mobile dental units having 4
18-contractual relationships with specified entities; 5
19-defining the term "mobile dental unit"; providing an 6
20-effective date. 7
21- 8
22-Be It Enacted by the Legislature of the State of Florida: 9
23- 10
24- Section 1. Paragraph (c) of subsection (1) and subsection 11
25-(6) of section 409.906, Florida Statutes, are amended to read: 12
26- 409.906 Optional Medicaid services. —Subject to specific 13
27-appropriations, the agency may make payments for services which 14
28-are optional to the state under Title XIX of the Social Security 15
29-Act and are furnished by Medicaid providers to recipients who 16
30-are determined to be eligible on the dates on which the services 17
31-were provided. Any optional service that is provided shall be 18
32-provided only when medically necessary and in accordance with 19
33-state and federal law . Optional services rendered by providers 20
34-in mobile units to Medicaid recipients may be restricted or 21
35-prohibited by the agency. Nothing in this section shall be 22
36-construed to prevent or limit the agency from adjusting fees, 23
37-reimbursement rates, lengths of s tay, number of visits, or 24
38-number of services, or making any other adjustments necessary to 25
17+services provided by mobile dental units owned by, 4
18+operated by, or having contractual agreements with 5
19+specified entities; defining the term "mobile dental 6
20+unit"; amending s. 466.007, F.S.; deleting an obsolete 7
21+date; revising licensure examination requirements for 8
22+dental hygienists to authorize applicants t o 9
23+demonstrate certain clinical skills on a live patient 10
24+rather than only on a manikin; authorizing the Board 11
25+of Dentistry to require persons applying to take the 12
26+dental hygiene examination to maintain medical 13
27+malpractice insurance in certain amounts; provi ding an 14
28+effective date. 15
29+ 16
30+Be It Enacted by the Legislature of the State of Florida: 17
31+ 18
32+ Section 1. Paragraph (c) of subsection (1) and subsection 19
33+(6) of section 409.906, Florida Statutes, are amended to read: 20
34+ 409.906 Optional Medicaid services. —Subject to specific 21
35+appropriations, the agency may make payments for services which 22
36+are optional to the state under Title XIX of the Social Security 23
37+Act and are furnished by Medicaid providers to recipients who 24
38+are determined to be eligible on the dates on whic h the services 25
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4747 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
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51-comply with the availability of moneys and any limitations or 26
52-directions provided for in the General Appropriations Act or 27
53-chapter 216. If necessary to safeguard the state's systems of 28
54-providing services to elderly and disabled persons and subject 29
55-to the notice and review provisions of s. 216.177, the Governor 30
56-may direct the Agency for Health Care Administration to amend 31
57-the Medicaid state plan to delete the optional Medicaid service 32
58-known as "Intermediate Care Facilities for the Developmentally 33
59-Disabled." Optional services may include: 34
60- (1) ADULT DENTAL SERVICES. — 35
61- (c) However, Medicaid will not provide reimbursement for 36
62-dental services provided by in a mobile dental unit, except for 37
63-a mobile dental unit: 38
64- 1. Owned by, operated by, or having a contractual 39
65-agreement with the Department of Health and complying with 40
66-Medicaid's county health department clinic services program 41
67-specifications as a county health department clinic services 42
68-provider. 43
69- 2. Owned by, operated by, or having a contractual 44
70-arrangement with a federally qualified health center and 45
71-complying with Medicaid's federally qualified health center 46
72-specifications as a federally qualified health center provid er. 47
73- 3. Rendering dental services to Medicaid recipients, 21 48
74-years of age and older, at nursing facilities. 49
75- 4. Owned by, operated by, or having a contractual 50
51+were provided. Any optional service that is provided shall be 26
52+provided only when medically necessary and in accordance with 27
53+state and federal law. Optional services rendered by providers 28
54+in mobile units to Medicaid recipients may be restrict ed or 29
55+prohibited by the agency. Nothing in this section shall be 30
56+construed to prevent or limit the agency from adjusting fees, 31
57+reimbursement rates, lengths of stay, number of visits, or 32
58+number of services, or making any other adjustments necessary to 33
59+comply with the availability of moneys and any limitations or 34
60+directions provided for in the General Appropriations Act or 35
61+chapter 216. If necessary to safeguard the state's systems of 36
62+providing services to elderly and disabled persons and subject 37
63+to the notice and review provisions of s. 216.177, the Governor 38
64+may direct the Agency for Health Care Administration to amend 39
65+the Medicaid state plan to delete the optional Medicaid service 40
66+known as "Intermediate Care Facilities for the Developmentally 41
67+Disabled." Optional services may include: 42
68+ (1) ADULT DENTAL SERVICES. — 43
69+ (c) However, Medicaid will not provide reimbursement for 44
70+dental services provided by in a mobile dental unit, except for 45
71+a mobile dental unit: 46
72+ 1. Owned by, operated by, or having a contractual 47
73+agreement with the Department of Health and complying with 48
74+Medicaid's county health department clinic services program 49
75+specifications as a county health department clinic services 50
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8484 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
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88-agreement with a state -approved dental educational institution. 51
89- 5. Having a contractual relat ionship with a nonprofit 52
90-community health center. 53
91- 6. Having a contractual relationship with a federally 54
92-approved Head Start center. 55
93- 56
94-For purposes of this paragraph, the term "mobile dental unit" 57
95-means a nonfacility unit in which dental equipment used in the 58
96-practice of dentistry is transported to and used on a temporary 59
97-basis at an out-of-office location. 60
98- (6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 61
99-diagnostic, preventive, or corrective procedures, including 62
100-orthodontia in severe cases, provided to a recipient under age 63
101-21, by or under the supervision of a licensed dentist. The 64
102-agency may also reimburse a health access setting as defined in 65
103-s. 466.003 for the remediable tasks that a licensed dental 66
104-hygienist is authorized to perform under s. 466.024(2). Services 67
105-provided under this program include treatment of the teeth and 68
106-associated structures o f the oral cavity, as well as treatment 69
107-of disease, injury, or impairment that may affect the oral or 70
108-general health of the individual. However, Medicaid will not 71
109-provide reimbursement for dental services provided by in a 72
110-mobile dental unit, except for a m obile dental unit: 73
111- (a) Owned by, operated by, or having a contractual 74
112-agreement with the Department of Health and complying with 75
88+provider. 51
89+ 2. Owned by, operated by, or having a contractual 52
90+arrangement with a federally qualified health center and 53
91+complying with Medicaid's federally qualified health center 54
92+specifications as a federally qualified health center provider. 55
93+ 3. Rendering dental services to Medicaid recipients, 21 56
94+years of age and older, at nursing facilities. 57
95+ 4. Owned by, operated by, or having a contractual 58
96+agreement with a state -approved dental educational institution 59
97+or an accredited dental hygiene program . 60
98+ 5. Owned by, operated by, or having a contractual 61
99+relationship with the Department of Children and Families. 62
100+ 6. Owned by, operated by, or having a contractual 63
101+relationship with the Department of Juvenile Justice. 64
102+ 7. Owned by, operated by, or having a contractual 65
103+relationship with a nonprofit community health center. 66
104+ 8. Owned by, operated by, or having a contractual 67
105+relationship with a federally approved Head Start center. 68
106+ 9. Owned by, operated by, or having a contractual 69
107+relationship with a school -based prevention program as defined 70
108+in s. 466.003(15). 71
109+ 72
110+For purposes of this paragraph, the term "mobile dental unit" 73
111+means a nonfacility structure in which dental equipment used in 74
112+the practice of dentistry is transported to and used on a 75
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121121 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
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125-Medicaid's county health department clinic services program 76
126-specifications as a county health department clinic services 77
127-provider. 78
128- (b) Owned by, operated by, or having a contractual 79
129-arrangement with a federally qualified health center and 80
130-complying with Medicaid's federally qualified health center 81
131-specifications as a federally qualified health center provider. 82
132- (c) Rendering dental services to Medicaid recipients, 21 83
133-years of age and older, at nursing facilities. 84
134- (d) Owned by, operated by, or having a contractual 85
135-agreement with a state -approved dental educational institution. 86
136- (e) Having a contractual relationship with a no nprofit 87
137-community health center. 88
138- (f) Having a contractual relationship with a federally 89
139-approved Head Start center. 90
140- 91
141-For purposes of this subsection, the term "mobile dental unit" 92
142-means a nonfacility unit in which dental equipment used in the 93
143-practice of dentistry is transported to and used on a temporary 94
144-basis at an out-of-office location. 95
145- Section 2. This act shall take effect July 1, 2023. 96
125+temporary basis at an out -of-office location. 76
126+ (6) CHILDREN'S DENTAL SE RVICES.—The agency may pay for 77
127+diagnostic, preventive, or corrective procedures, including 78
128+orthodontia in severe cases, provided to a recipient under age 79
129+21, by or under the supervision of a licensed dentist. The 80
130+agency may also reimburse a health access s etting as defined in 81
131+s. 466.003 for the remediable tasks that a licensed dental 82
132+hygienist is authorized to perform under s. 466.024(2). Services 83
133+provided under this program include treatment of the teeth and 84
134+associated structures of the oral cavity, as wel l as treatment 85
135+of disease, injury, or impairment that may affect the oral or 86
136+general health of the individual. However, Medicaid will not 87
137+provide reimbursement for dental services provided by in a 88
138+mobile dental unit, except for a mobile dental unit: 89
139+ (a) Owned by, operated by, or having a contractual 90
140+agreement with the Department of Health and complying with 91
141+Medicaid's county health department clinic services program 92
142+specifications as a county health department clinic services 93
143+provider. 94
144+ (b) Owned by, operated by, or having a contractual 95
145+arrangement with a federally qualified health center and 96
146+complying with Medicaid's federally qualified health center 97
147+specifications as a federally qualified health center provider. 98
148+ (c) Rendering dental services to Medica id recipients, 21 99
149+years of age and older, at nursing facilities. 100
150+
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158+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
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162+ (d) Owned by, operated by, or having a contractual 101
163+agreement with a state -approved dental educational institution 102
164+or an accredited dental hygiene program . 103
165+ (e) Owned by, operated by, or ha ving a contractual 104
166+relationship with the Department of Children and Families. 105
167+ (f) Owned by, operated by, or having a contractual 106
168+relationship with the Department of Juvenile Justice. 107
169+ (g) Owned by, operated by, or having a contractual 108
170+relationship with a nonprofit community health center. 109
171+ (h) Owned by, operated by, or having a contractual 110
172+relationship with a federally approved Head Start center. 111
173+ (i) Owned by, operated by, or having a contractual 112
174+relationship with a school -based prevention program as defined 113
175+in s. 466.003(15). 114
176+ 115
177+For purposes of this subsection, the term "mobile dental unit" 116
178+means a nonfacility structure in which dental equipment used in 117
179+the practice of dentistry is transported to and used on a 118
180+temporary basis at an out -of-office location. 119
181+ Section 2. Subsection (4) of section 466.007, Florida 120
182+Statutes, is amended to read: 121
183+ 466.007 Examination of dental hygienists. — 122
184+ (4) Effective July 1, 2012, To be licensed as a dental 123
185+hygienist in this state, an applicant must successfully complet e 124
186+the following: 125
187+
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195+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
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199+ (a) A written examination on the laws and rules of this 126
200+state regulating the practice of dental hygiene. 127
201+ (b) A practical or clinical examination approved by the 128
202+board. The examination shall be the Dental Hygiene Examination 129
203+produced by the American Board of Dental Examiners, Inc., (ADEX) 130
204+or its successor entity, if any, if the board finds that the 131
205+successor entity's clinical examination meets or exceeds the 132
206+provisions of this section. The board shall approve the ADEX 133
207+Dental Hygiene Examination if the board has attained and 134
208+continues to maintain representation on the ADEX House of 135
209+Representatives, the ADEX Dental Hygiene Examination Development 136
210+Committee, and such other ADEX Dental Hygiene committees as the 137
211+board deems appropriate through rulemaking to ensure that the 138
212+standards established in this section are maintained 139
213+organizationally. The ADEX Dental Hygiene Examination or the 140
214+examination produced by its successor entity is a comprehensive 141
215+examination in which an applicant must demonstr ate skills within 142
216+the dental hygiene scope of practice on a live patient or a 143
217+manikin that has typodont teeth with simulated dentition and 144
218+calculus as approved by the Commission on Dental Competency 145
219+Assessments and any other components that the board deems 146
220+necessary for the applicant to successfully demonstrate 147
221+competency for the purpose of licensure. The board may require 148
222+any person applying to take the examination to practice dental 149
223+hygiene in this state to maintain medical malpractice insurance 150
224+
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232+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
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236+in amounts sufficient to cover any incident of harm to a patient 151
237+during the clinical examination. 152
238+ Section 3. This act shall take effect July 1, 2023. 153