[Congressional Record (Bound Edition), Volume 153 (2007), Part 10]
[House]
[Page 13727]
[From the U.S. Government Publishing Office, www.gpo.gov]




                             DEAMONTE'S LAW

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Maryland (Mr. Cummings) is recognized for 5 minutes.
  Mr. CUMMINGS. Mr. Speaker, I rise today to announce that I have 
introduced Deamonte's Law, a bill to establish a dental home for every 
American child by increasing dental services in the community health 
centers and training more individuals in pediatric dentistry.
  The legislation is named for Deamonte Driver, a 12-year-old Maryland 
boy who died on February 25, 2007 when a tooth infection spread to his 
brain. A routine dental checkup might have saved his life, but Deamonte 
was poor and homeless and he did not have access to a dentist.
  When I learned of this senseless tragedy, I was deeply shaken. I 
simply cannot comprehend how in this country, where we have sent men to 
the Moon, we let a little boy's teeth rot so badly that his infection 
became fatal.
  I often say that as adults we have a responsibility to provide for 
and to protect our children, and we failed miserably to meet that 
responsibility for little Deamonte. I think we all should be ashamed by 
that fact. I know I am.
  That is why I have made a commitment to addressing this issue from 
every single angle. I knew that if Deamonte was suffering in my home 
State of Maryland, other little boys and girls like him were probably 
also suffering.
  To be clear, Deamonte's case was rare and extreme. However, even the 
most casual investigation reveals that children across this great 
Nation are living with painful, untreated tooth decay, many of them 
dangerously close to acquiring life-threatening infections.
  The Centers for Disease Control and Prevention reports that tooth 
decay in baby teeth has increased 15 percent among United States 
toddlers and preschoolers 2 years old to 5 years old between 1988 to 
1994, and 1994 to 2004. Tooth decay is the single most common childhood 
chronic disease, and it disproportionately affects poor and minority 
children. Eighty percent of dental decay occurs in just 25 percent of 
children, and parents are three times more likely to report that their 
children's dental needs are unmet when compared to the general medical 
care needs.
  A silent epidemic of dental disease is plaguing our children, and our 
inability to address this issue has simply been horrifying. That is why 
I have introduced Deamonte's Law, which would address two critical 
factors contributing to the inability of children like Deamonte to 
access a dentist.
  Deamonte's Law would ensure that children like Deamonte have access 
to dental services in communities where they live. Community health 
centers provide a health safety net to underserved areas, such as rural 
and urban communities. However, an estimated 42 percent have gaps in 
their capacity to provide dental care. Deamonte's Law would address 
this issue by establishing a 5-year, $5 million pilot program to 
provide funds for dentists, equipment, and construction for dental 
services at community health centers. The program would also provide 
support for contractual relationships between centers and private 
practice dentists.
  Deamonte's Law would also address the dentist shortage. The United 
States Department of Health and Human Services estimates that there is 
a shortage of 4,650 dentists, and pediatric dentists are even more 
scarce. Deamonte's Law would address this issue by establishing a 5-
year, $5 million pilot program to enhance training and academic 
programs in pediatric dentistry, recruit and train dentists to study 
pediatrics, and provide continuing education for practicing dentists.
  The legislation is endorsed by the American Dental Association. I was 
joined in introducing this legislation by my good friend, Chairman 
Henry Waxman of California, and Subcommittee Chairman Dennis Kucinich 
of Ohio. I want to thank both Congressmen for their leadership and 
dedication to this issue.
  On May 2, 2007, at my request, we conducted an oversight hearing 
entitled ``Evaluating Pediatric Dental Care under Medicaid to 
Investigate Deamonte Driver's Death.'' At the hearing, it became 
apparent that the Centers for Medicare and Medicaid Services has 
categorically failed to meet its oversight responsibility with regards 
to ensuring the State health departments and the managed care 
organizations that they contract with are in compliance with the law.
  Section 1905(r)(3) of the Social Security Act ensures that every 
Medicaid-eligible child will have access to medically necessary dental 
care under the early and periodic screening, diagnostic, and treatment 
provision. However, it is evident from our investigation that this has 
not been the case, and so I urge my colleagues to join in sponsoring 
this legislation.

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