1.Short title; table of
contents
(a)This Act may be cited
as the Essential Oral Health Care Act
of 2009
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Public-private partnership to improve oral health
access
Sec. 101. Grants to support volunteer dental
projects.
Title II—State option for improving medicaid dental services
access
Sec. 201. Support for ensuring individuals enrolled in Medicaid
have dental services access equal to the population of the State.
<enum>I</enum><header>Public-private
partnership to improve oral health access</header>
<section id="H0DD5EBC6063E4DEABB119329B6C6EE71"><enum>101.</enum><header>Grants to
support volunteer dental projects</header><text display-inline="no-display-inline">Title V of the Social Security Act (42
U.S.C. 701 et seq.) is amended by adding at the end the following new
section:</text>
<quoted-block id="H38BF4FE5AC2944648844EAD2658CF4F8" style="OLC">
<section id="H0A7467921AFC447DA2C5EF35C729EF98"><enum>511.</enum><header>Grants to
support volunteer dental projects</header>
<subsection id="H9232A4C98F50432BA5D2C20DDD3EDA95"><enum>(a)</enum><header>Authority To
make grants</header><text>In addition to any other payments made under this
title to a State, the Secretary shall award grants to eligible entities as
defined in subsection (b) to purchase portable or mobile dental equipment and
to pay for appropriate operational costs, including direct health care or
service delivery costs, for the provision of free dental services to
underserved populations that are delivered in a manner consistent with State
licensing laws.</text>
</subsection><subsection id="HA2648B5FE5D64EAAA33B1C068476BA93"><enum>(b)</enum><header>Eligible
entity</header><text>An eligible entity under this subsection is an
organization, such as a State or local dental association, or a dental
education, dental hygiene education or postdoctoral dental education program
accredited by the Commission on Dental Accreditation, or a community-based
organization that partners with an academic institution, that is exempt from
tax under section 501(c) of the Internal Revenue Code of 1986 and that offers a
free dental services program for underserved populations.</text>
</subsection><subsection id="HB7C268FCA5C54E6390019C2CAA9624C8"><enum>(c)</enum><header>Application</header><text>An
institution desiring a grant under this section shall submit an application to
the Secretary in such manner as the Secretary may require.</text>
</subsection><subsection id="H7F7D1C4B8AB74BA18FE54B8EBE50C4C9"><enum>(d)</enum><header>Authorization of
appropriations</header><text>There are authorized to be appropriated to make
grants under this section $3,000,000 for each of fiscal years 2010 through
2014.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>II</enum><header>State option for
improving medicaid dental services access</header>
<section id="HC92A121A369D43678EC390274391DC83"><enum>201.</enum><header>Support for
ensuring individuals enrolled in Medicaid have dental services access equal to
the population of the State</header>
<subsection id="H12091C226313426D9562B157203C6B1A"><enum>(a)</enum><header>In
general</header><text>Section 1903 of the Social Security Act (42 U.S.C. 1396b)
is amended by adding at the end the following new subsection:</text>
<quoted-block id="HC0A929B6C19745EB8ED0B13A45E16E7E" style="OLC">
<subsection id="HD9494BBBA7394DFD9E5CFBCA8E05B9C1"><enum>(aa)</enum><header>Equal access to
oral health care plan</header>
<paragraph id="H2E9FF728714846198FEA0EE7C78D3347"><enum>(1)</enum><header>Increase in FMAP
for states implementing approved equal access requirements</header><text>In
order to ensure adequate provider participation in the plan under this title
and to ensure that individuals covered by the plan have access to oral health
care services to the same extent as such services are available to the
population of the State, subject to paragraph (3), in the case of a State that
obtains the Secretary’s approval for its plan under this title to incorporate,
and to implement, the requirements specified in paragraph (2), notwithstanding
section 1905(b), the Federal medical assistance percentage applied under the
plan with respect to expenditures for dental and oral health services for
individuals covered under the plan shall be increased by 25 percentage points,
but not to exceed 90 percent, at the time the approved plan is
implemented.</text>
</paragraph><paragraph id="H4BD3C25AB3104DA3A78BFA99A1FE7C49"><enum>(2)</enum><header>Provider
participation and access requirements</header><text>The requirements specified
in this paragraph for a State are that the State provides the Secretary with
assurances regarding each of the following:</text>
<subparagraph id="H53FAD6D01FFE4D85997E1C07458B06AE"><enum>(A)</enum><text>Individuals
covered by the State plan have access to oral health care services to the same
extent as such services are available to the population of the State.</text>
</subparagraph><subparagraph id="HDF679DDB0950442EB1409A4BF08D9D23"><enum>(B)</enum><text>Payment for dental
services for individuals covered by the State plan is made at levels consistent
with market-based rates.</text>
</subparagraph><subparagraph id="H0AF57F7820134D7FACAD94108E7DF72D"><enum>(C)</enum><text>No fewer than 35
percent of the practicing dentists (including a reasonable mix of general
dentists, pediatric dentists, and oral and maxillofacial surgeons) in the State
participate (whether directly or through a plan providing dental services)
under the State plan and there is reasonable distribution of such dentists
serving the covered population.</text>
</subparagraph><subparagraph id="H390DB82FEA614D899295B34E6E832B08"><enum>(D)</enum><text>Administrative
barriers under this title are addressed to facilitate such provider
participation, including improving eligibility verification, ensuring that any
licensed dentist may participate in a publicly funded plan without also having
to participate in any other plan, simplifying claims forms processing,
assigning a single plan administrator for the dental program, and employing
case managers to reduce the number of missed appointments.</text>
</subparagraph><subparagraph id="H04160E39B4DA48CA8FD67B50356237FA"><enum>(E)</enum><text>Demand for
services barriers under this title is addressed, such as educating caregivers
regarding the need to seek dental services and addressing oral health care
literacy issues.</text>
</subparagraph></paragraph><paragraph id="H3883581A8602416689289204C9B9A521"><enum>(3)</enum><header>3-year
review</header><text>Beginning 3 years after the date of the enactment of this
section and every 3 years thereafter the Secretary shall evaluate the impact of
the increase in the Federal medical assistance percentage under this subsection
on the rate of participation of dentists and the use of dental services under
the State plan. If the Secretary determines that the increase in such
percentage has not resulted in a commensurate increase in such participation
and use rate, as determined in consultation with the State involved, paragraph
(1) shall no longer apply in such
State.</text>
</paragraph></subsection><after-quoted-block></after-quoted-block></quoted-block>
</subsection><subsection id="HCCEE55D03D3D4DB7847D70F36C516617"><enum>(b)</enum><header>Effective
date</header><text>The amendment made by this section shall apply to
expenditures in calendar quarters beginning on or after October 1, 2009.</text>
</subsection></section>