[Congressional Record (Bound Edition), Volume 153 (2007), Part 10]
[Extensions of Remarks]
[Page 13782]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     ``DEAMONTE'S LAW,'' H.R. 2371

                                 ______
                                 

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                        Wednesday, May 23, 2007

  Mr. CUMMINGS. Madam Speaker, I rise today to announce that I have 
introduced ``Deamonte's Law,'' H.R. 2371, a bill to establish a dental 
home for every American child by increasing dental services in 
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 a man 
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 protect our children--and we failed 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 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 the country 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 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 with general medical care needs.
  A silent epidemic of dental disease is plaguing our children, and our 
inability to address this issue has had horrifying effects.
  That is why I have introduced ``Deamonte's Law,'' H.R. 2371, 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 the 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 U.S. 
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 colleagues, 
Chairman Henry A. Waxman of California and 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 
responsibilities with regard to ensuring that 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 
(EPSDT) provision. However, it is evident from our investigation that 
this has not been the case.
  That is why Chairman Kucinich and I sent letters to CMS Director 
Dennis Smith and Health and Human Services (HHS) Department Secretary 
Michael Leavitt to ensure that they are fulfilling their statutory 
obligation to provide comprehensive dental care to every Medicaid-
eligible child.
  I remain committed to addressing this problem from every angle, and I 
would urge all my colleagues to join me by supporting ``Deamonte's 
Law,'' H.R. 2371.
  I want to thank Representatives Miller, Cohen, Grijalva, Serrano, 
McCollum and Payne for already cosponsoring the legislation, and I 
would urge all of my colleagues to join them.
  Children's lives are at stake. I can think of no better reason to act 
with a great sense of urgency.

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