[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4731 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4731

   To amend title XIX of the Social Security Act to ensure access to 
 resin-based dental fillings that, at a minimum, is equal to the level 
      of access to mercury-based dental fillings under such title.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2010

  Ms. Watson introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend title XIX of the Social Security Act to ensure access to 
 resin-based dental fillings that, at a minimum, is equal to the level 
      of access to mercury-based dental fillings under such title.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Options for Dental Fillings 
Act of 2010''.

SEC. 2. CHANGES TO MEDICAID TO ENSURE EQUAL ACCESS TO RESIN-BASED 
              DENTAL FILLINGS.

    (a) Changes to Medicaid Cost-Sharing Rules for Dental Fillings.--
            (1) In general.--Section 1916 of the Social Security Act 
        (42 U.S.C. 1396o) is amended by adding at the end the following 
        new subsection:
    ``(k) Dental Fillings.--With respect to an individual, the amount 
of cost-sharing charged under this section or under section 1916A for a 
resin-based dental filling--
            ``(1) shall not exceed the amount charged in the State for 
        a mercury-based dental filling on January 1, 2010; and
            ``(2) in the case that the State charges an amount for a 
        mercury-based dental filling and such amount is less than the 
        amount under paragraph (1), shall not exceed the amount that 
        the State charges for a mercury-based dental filling.''.
            (2) Conforming change.--Section 1916A(a)(1) of such Act (42 
        U.S.C. 1396o-1(a)(1)) is amended--
                    (A) by striking ``Notwithstanding sections 1916 and 
                1902(a)(10)(B)'' and inserting ``Notwithstanding 
                section 1902(a)(10)(B) and subsections (a) through (j) 
                of section 1916''; and
                    (B) by inserting ``and section 1916(k)'' after 
                ``paragraph (2)''.
    (b) Changes in Medicaid Reimbursement Rates for Resin-Based Dental 
Fillings.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is 
amended by adding at the end the following new subsection:
    ``(aa) In order to receive payments under subsection (a) for dental 
fillings, a State must reimburse providers for resin-based dental 
fillings at a rate that is the greater of--
            ``(1) a rate set by the State; or
            ``(2) a rate for such fillings that is proportional, 
        relative to the cost of such fillings, to the greater of--
                    ``(A) the rate at which the State reimburses 
                providers for mercury-based dental fillings, relative 
                to the cost of such fillings; or
                    ``(B) the rate at which the State reimbursed 
                providers for mercury-based dental fillings, relative 
                to the cost of such fillings, on January 1, 2010.''.
    (c) Effective Date.--The amendments made by this section shall be 
effective for dental fillings provided on or after the date that is 60 
days after the date of the enactment of this section.
    (d) Exception for State Legislation.--In the case of a State plan 
under title XIX or State child health plan under XXI of the Social 
Security Act, which the Secretary of Health and Human Services 
determines requires State legislation in order for the respective plan 
to meet one or more additional requirements imposed by amendments made 
by this section, the respective plan shall not be regarded as failing 
to comply with the requirements of such title solely on the basis of 
its failure to meet such an additional requirement before the first day 
of the first calendar quarter beginning after the close of the first 
regular session of the State legislature that begins after the date of 
enactment of this section. For purposes of the previous sentence, in 
the case of a State that has a 2-year legislative session, each year of 
the session shall be considered to be a separate regular session of the 
State legislature.
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