Bill Text: DE SB142 | 2015-2016 | 148th General Assembly | Draft


Bill Title: An Act To Amend Title 31 Of The Delaware Code Relating To Preventative And Urgent Dental Care For Medicaid Recipients.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-06-15 - Introduced and Assigned to Health & Human Development Committee in House [SB142 Detail]

Download: Delaware-2015-SB142-Draft.html


SPONSOR:

Sen. Hall-Long & Rep. Keeley & Rep. Miro

 

Rep. Kowalko

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE BILL NO. 142

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO PREVENTATIVE AND URGENT DENTAL CARE FOR MEDICAID RECIPIENTS.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend Chapter 5, Title 31 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough and renumbering where appropriate as follows:

§502 Definitions.

As used in this chapter:

(2) "Assistance" means assistance to or on behalf of eligible needy persons or eligible families to enable them to improve their standard of living, including money payments, child care, job training, education, other support services, medical or surgical care, preventative or urgent dental care, nursing, burial, board and care in a private institution, adult foster care, rest residential facility for adults, public medical institution as a patient, or such other aid as may be deemed necessary.

(5) "Medical assistance" means medical care, including preventative or urgent dental care, furnished on behalf of recipients who are eligible for assistance in any of the categories in §505 of this title.

(7) "Preventative dental care" means payment of all or part of the costs on behalf of eligible recipients for fluoride treatments, teeth cleaning, restorative treatments, treatments to prevent periodontal disease and dental caries disease, and any other dental care or treatment which the Department of Health and Social Services shall authorize by regulation.

(7)(8) "Recipient" means any person or family to whom or for whom assistance is paid under this chapter.

(8)(9) "Standard of need" means the subsistence level for a decent standard of living established by regulations of the Department of Health and Social Services.

(9)(10) "Unemployable" means not employable.

(10)(11) "Underemployment" and "unemployment" means as defined pursuant to regulations of the Department of Social Services in consultation with the Department of Labor.

(12) "Urgent dental care" means payment of all or part of the costs on behalf of eligible recipients for examinations, diagnostic radiographs, treatment of pain or infections, including tooth extractions, incisions and drainage, and any other dental care or treatment which the Department of Health and Social Services shall authorize by regulation.

§503Eligability for assistance; amount; method of payment.

(b) Medicaid -- Medical assistance may be granted to medically and financially eligible persons in accordance with Titles IV-A, IV-E, XVI, and XIX of the Social Security Act [42 U.S.C. §§601 et seq., 670 et seq., 1381 et seq., and 1396 et seq.], federally approved waivers of these sections of the act, and rules and regulations established by the Department of Health and Social Services. Eligibility for and payment of medical assistance shall be determined under policies and regulations established by the Department of Health and Social Services. Eligibility standards, recipient copay and provider reimbursement shall be set in accordance with state and federal mandates, state and federal funding levels, approved waivers and rules and regulations established by the Department. The amount of assistance in each case of medical care shall not duplicate any other coverage or payment made or available for the costs of such health services and supplies.

(b) Medicaid - Medical assistance, including preventative or urgent dental care, may be granted to medically and financially eligible persons in accordance with Titles IV-A, IV-E, XVI, and XIX of the Social Security Act [42 U.S.C. §§601 et. seq., 1381 et. seq., and 1396 et. seq.], federally approved waivers of these sections of the act, and rules and regulations established by the Department of Health and Social Services.Eligibility for and payment of medical assistance shall be determined under policies and regulations established by the Department of Health and Social Services.Eligibility standards, recipient co-pay and provider reimbursement shall be set in accordance with state and federal mandates, state and federal funding levels, approved waivers and rules and regulations established by the Department.The amount of assistance in each case of medical care shall not duplicate any other coverage or payment made or available for the costs of such health services and supplies.

The amount of assistance provided to a recipient for preventative or urgent dental care, or any

combination thereof, shall not exceed $1000.00 per year; provided, however, that in cases where multiple conditions which can or are causing pain exist, the State Dental Director may establish a review process through which extra benefit dollars, not exceeding an additional $1500.00 per eligible participant, may be authorized on an emergency basis for urgent dental care treatments.The reimbursement rate to participating dentists providing preventative or urgent dental care shall be the same as the reimbursement rate to participating dentists providing dental care to children enrolled in the Medicaid program.All payments for preventative or urgent dental care treatments shall be subject to a $10.00 recipient co-pay.

§505Categories of Assistance.

(3) Medicaid assistance; assistance granted in the form of medical care, including preventative or urgent dental care, to individuals eligible in accordance with Title IV-A, XVI, XIX of the Social Security Act [42 U.S.C. §§ 601 et seq., 1381 et seq., and 1396 et seq.], federally approved waivers, and rules and regulations established by the Department of Health and Social Services.

§512 Administration.

(7) Guarantee that assistance provided as medical care, including preventative or urgent dental care, when paid to providers of such medical care shall be on a prompt basis, usually not later than 30 days from the report of services by a physician, pharmacist or other professional health care provider, or 20 days from the report of services by a hospital or skilled nursing facility; provided, however, that should financial advances from the Department of Finance be necessary to carry out this chapter, they shall be permitted upon the concurrence of the Secretary of the Department of Finance and the Secretary of the Department of Health and Social Services.

Section 2.Effective Date.

This Act shall become effective upon appropriation by the General Assembly of funds sufficient to accomplish the purposes of this Act.


SYNOPSIS

This Bill expands Delaware's Public Assistance Code to provide preventative and urgent dental care to all eligible Medicaid recipients.Payments for preventative or urgent dental care treatments shall be subject to a $10.00 recipient co-pay and the total amount of dental care assistance provided to an eligible recipient shall not exceed $1,000.00 per year, except that an additional $1,500.00 may be authorized on an emergency basis for urgent dental care treatments through a review process established by the State Dental DirectorBegin Synopsis Here

Author:Senator Hall-Long

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