[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4357 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4357

 To improve access to oral health care for vulnerable and underserved 
                              populations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2024

Mr. Sanders (for himself and Mr. Brown) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To improve access to oral health care for vulnerable and underserved 
                              populations.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Dental Reform Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                     TITLE I--MEDICARE AND MEDICAID

                          Subtitle A--Medicare

Sec. 101. Coverage of dental services under the Medicare program.
                          Subtitle B--Medicaid

Sec. 111. Coverage of dental services under the Medicaid program.
                    TITLE II--PUBLIC HEALTH PROGRAMS

               Subtitle A--National Health Service Corps

Sec. 201. National Health Service Corps.
Sec. 202. Community based dental residencies.
Sec. 203. Community-based training of dental students.
                   Subtitle B--Oral Health Education

Sec. 211. Authorization of appropriations for oral health education for 
                            medical providers.
Sec. 212. Oral health education for other non-health professionals.
Sec. 213. Dental education.
Sec. 214. Oral health professional student loans.
                 Subtitle C--Other Oral Health Programs

Sec. 221. Access points.
Sec. 222. Dental clinics in schools.
Sec. 223. Emergency department care coordination.
Sec. 224. Research funding.
Sec. 225. Mobile and portable dental services.
    Subtitle D--Oral Health Services as an Essential Health Benefit

Sec. 231. Oral health services as an essential health benefit.
           TITLE III--DEPARTMENT OF VETERANS AFFAIRS MATTERS

Sec. 301. Requirement that Secretary of Veterans Affairs furnish dental 
                            care in the same manner as any other 
                            medical service.
Sec. 302. Demonstration program on training and employment of 
                            alternative dental health care providers 
                            for dental health care services for 
                            veterans in rural and other underserved 
                            communities.
Sec. 303. Program of education to promote dental health in veterans.
Sec. 304. Student loan repayment program to incentivize dental training 
                            and ensure the dental workforce of the 
                            Department of Veterans Affairs.
Sec. 305. Educational and training partnerships for dentists, dental 
                            hygienists, and oral surgeons.
                  TITLE IV--FEDERAL BUREAU OF PRISONS

Sec. 401. Demonstration program on training and employment of 
                            alternative dental health care providers 
                            for dental health care services for 
                            prisoners within the custody of the Bureau 
                            of Prisons.
                     TITLE V--INDIAN HEALTH SERVICE

Sec. 501. Demonstration program on training and employment of 
                            alternative dental health care providers 
                            for dental health care services under the 
                            Indian Health Service.
                     TITLE VI--REPORTS TO CONGRESS

Sec. 601. Reports on enrollment in coverage for oral health services.

                     TITLE I--MEDICARE AND MEDICAID

                          Subtitle A--Medicare

SEC. 101. COVERAGE OF DENTAL SERVICES UNDER THE MEDICARE PROGRAM.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (JJ), by inserting ``and'' after the 
        semicolon at the end; and
            (2) by adding at the end the following new subparagraph:
            ``(KK) oral health services (as defined in subsection 
        (nnn));''.
    (b) Oral Health Services Defined.--Section 1861 of the Social 
Security Act (42 U.S.C. 1395x) is amended by adding at the end the 
following new subsection:

                         ``Oral Health Services

    ``(nnn)(1) The term `oral health services' means services (as 
defined by the Secretary) that are necessary to prevent disease and 
promote oral health, restore oral structures to health and function, 
and treat emergency conditions.
    ``(2) For purposes of paragraph (1), such term shall include mobile 
and portable oral health services (as defined by the Secretary) that--
            ``(A) are provided for the purpose of overcoming mobility, 
        transportation, and access barriers for individuals; and
            ``(B) satisfy the standards and certification requirements 
        established under section 1902(a)(88)(C) for the State in which 
        the services are provided.''.
    (c) Payment and Coinsurance.--Section 1833(a)(1) of the Social 
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
            (1) by striking ``and'' before ``(HH)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (II) with respect to oral health services 
        (as defined in section 1861(nnn)), the amount paid shall be (i) 
        in the case of such services that are preventive, 100 percent 
        of the lesser of the actual charge for the services or the 
        amount determined under the payment basis determined under 
        section 1848, and (ii) in the case of all other such services, 
        80 percent of the lesser of the actual charge for the services 
        or the amount determined under the payment basis determined 
        under section 1848''.
    (d) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of 
the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by 
inserting ``(2)(KK),'' after ``risk assessment),''.
    (e) Dentures.--Section 1861(s)(8) of the Social Security Act (42 
U.S.C. 1395x(s)(8)) is amended--
            (1) by striking ``(other than dental)'' and inserting 
        ``(including dentures)''; and
            (2) by striking ``internal body''.
    (f) Repeal of Ground for Exclusion.--Section 1862(a) of the Social 
Security Act (42 U.S.C. 1395y) is amended by striking paragraph (12).
    (g) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 2025.

                          Subtitle B--Medicaid

SEC. 111. COVERAGE OF DENTAL SERVICES UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)(10), by striking ``dental services'' 
        and inserting ``oral health services (as defined in subsection 
        (kk)(1))''; and
            (2) by adding at the end the following:
    ``(kk)(1) Subject to paragraphs (2) and (3), for purposes of this 
title, the term `oral health services' means services (as defined by 
the Secretary) that are necessary to prevent disease and promote oral 
health, restore oral structures to health and function, and treat 
emergency conditions. These services shall include, in the case of 
pregnant or postpartum women, such services as are necessary to address 
oral health conditions that exist or are exacerbated by pregnancy or 
childbirth or which, if left untreated, could adversely affect fetal or 
child development.
    ``(2) For purposes of paragraph (1), such term shall include--
            ``(A) dentures; and
            ``(B) mobile and portable oral health services (as defined 
        by the Secretary) that--
                    ``(i) are provided for the purpose of overcoming 
                mobility, transportation, and access barriers for 
                individuals; and
                    ``(ii) satisfy the standards and certification 
                requirements established under section 1902(a)(88)(C) 
                for the State in which the services are provided.
    ``(3) For purposes of paragraph (1), such term shall not apply to 
dental care or services provided to individuals under the age of 21 
under subsection (r)(3).''.
    (b) Conforming Amendments.--
            (1) State plan requirements.--Section 1902(a) of such Act 
        (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (10)(A), in the matter preceding 
                clause (i), by inserting ``(10),'' after ``(5),'';
                    (B) in paragraph (86), by striking ``and'' at the 
                end;
                    (C) in paragraph (87), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by inserting after paragraph (87) the 
                following:
            ``(88) provide for--
                    ``(A) informing, in writing, all individuals who 
                have been determined to be eligible for medical 
                assistance of the availability of oral health services 
                (as defined in section 1905(kk));
                    ``(B) conducting targeted outreach to pregnant 
                women who have been determined to be eligible for 
                medical assistance about the availability of medical 
                assistance for such dental services and the importance 
                of receiving dental care while pregnant; and
                    ``(C) establishing and maintaining standards for 
                and certification of mobile and portable oral health 
                services (as described in subsections (r)(3)(C) and 
                (kk)(2)(B) of section 1905).''.
            (2) Definition of medical assistance.--Section 1905(a)(12) 
        of such Act (42 U.S.C. 1396d(a)(12)) is amended by striking ``, 
        dentures,''.
    (c) Mobile and Portable Oral Health Services Under EPSDT.--Section 
1905(r)(3) of the Social Security Act (42 U.S.C. 1396d(r)(3)) is 
amended--
            (1) in subparagraph (A)(ii), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) which shall include mobile and portable oral health 
        services (as defined by the Secretary) that--
                    ``(i) are provided for the purpose of overcoming 
                mobility, transportation, or access barriers for 
                children; and
                    ``(ii) satisfy the standards and certification 
                requirements established under section 1902(a)(88)(C) 
                for the State in which the services are provided.''.
    (d) Increased Federal Funding for Dental Services.--
            (1) In general.--Section 1905 of the Social Security Act 
        (42 U.S.C. 1396d), as amended by subsection (a), is further 
        amended--
                    (A) in subsection (b), in the first sentence, by 
                striking ``and (ii)'' and inserting ``(ii), and (ll)''; 
                and
                    (B) by adding at the end the following new 
                subsection:
    ``(ll) Increased FMAP for Oral Health Services.--
            ``(1) In general.--Notwithstanding subsection (b) and 
        section 1903(a)(7) and subject to the requirements described in 
        paragraphs (3) and (4), with respect to amounts expended on or 
        after January 1, 2025, for covered oral health expenses (as 
        described in paragraph (2)), the Federal medical assistance 
        percentage for a State that is one of the 50 States or the 
        District of Columbia for such expenses shall be equal to the 
        Federal medical assistance percentage that would otherwise 
        apply to the State for the fiscal year, as determined under 
        subsection (b) or section 1903(a)(7), increased by 15 
        percentage points.
            ``(2) Covered oral health expenses.--For purposes of 
        paragraph (1), the term `covered oral health expenses' means 
        the amounts expended for medical assistance for oral health 
        services (as defined in subsection (kk)) and amounts expended 
        for the proper and efficient administration of the provision of 
        such oral health services under the State plan.
            ``(3) Requirements.--For purposes of paragraph (1), the 
        Federal medical assistance percentage applicable to covered 
        oral health expenses under this subsection shall not apply to a 
        State unless--
                    ``(A) the State plan for medical assistance 
                provides payment for oral health services (as so 
                defined) furnished by a health care provider at a rate 
                that is not less than 70 percent of the usual and 
                customary fee for such services in the State; and
                    ``(B) the State satisfies such additional 
                requirements as are established by the Secretary, which 
                shall include--
                            ``(i) streamlining of administrative 
                        procedures for purposes of ensuring adequate 
                        provider participation and increasing patient 
                        utilization of oral health services; and
                            ``(ii) the provision of technical 
                        assistance to health care providers designed to 
                        reduce the number of missed patient 
                        appointments and reduce other barriers to the 
                        delivery of oral health services.
            ``(4) Limitation.--For purposes of amounts expended for 
        covered oral health services, in no case shall any increase 
        under this subsection result in a Federal medical assistance 
        percentage that exceeds 100 percent.''.
            (2) Conforming amendment.--Section 1903(a)(7) of the Social 
        Security Act (42 U.S.C. 1396b(a)(7)) is amended by striking 
        ``section 1919(g)(3)(B)'' and inserting ``sections 1905(ll) and 
        1919(g)(3)(B)''.
    (e) Secretarial Responsibilities.--
            (1) Technical assistance and outreach.--The Secretary of 
        Health and Human Services, acting through the Administrator of 
        the Centers for Medicare & Medicaid Services, shall provide 
        technical assistance to States and conduct outreach to States 
        for purposes of educating and encouraging States to utilize and 
        provide payment under each State Medicaid program for 
        telehealth-enabled dental services in order to provide dental 
        services to traditionally underserved populations in need of 
        such services.
            (2) Database and annual report on dental benefits for adult 
        medicaid enrollees.--
                    (A) Medicaid dental benefits database.--The 
                Secretary of Health and Human Services, acting through 
                the Administrator of the Centers for Medicare & 
                Medicaid Services, shall maintain, as accurately and 
                up-to-date as possible, a database that contains with 
                respect to each State (as defined for purposes of title 
                XIX of the Social Security Act (42 U.S.C. 1396 et 
                seq.)) information regarding the dental benefits 
                available for adults enrolled in the State Medicaid 
                program, including any limits on such benefits and the 
                amount of reimbursement provided under the State 
                Medicaid program for such benefits. The database also 
                shall include a separate description of the dental 
                benefits, benefit limits, and amount of reimbursement 
                provided under each State Medicaid program for pregnant 
                women, if such benefits are not provided to the woman 
                as part of early and periodic screening, diagnostic, 
                and treatment services (as defined in section 1905(r) 
                of the Social Security Act (42 U.S.C. 1396d(r))), and a 
                description of the use of dental services by children 
                and adults enrolled in the State Medicaid program.
                    (B) Annual report.--The Secretary of Health and 
                Human Services shall make available to the public an 
                annual report regarding the information collected in 
                the database required under subparagraph (A). Each 
                annual report under this subparagraph shall include for 
                each State Medicaid program and with respect to the 
                most recent year for which data are available the 
                yearly dental service utilization rates for children 
                and adults enrolled in the State Medicaid program.
    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to calendar 
        quarters beginning on or after January 1, 2025, without regard 
        to whether or not final regulations to carry out such 
        amendments have been promulgated by such date.
            (2) Delay permitted for state plan amendment.--In the case 
        of a State plan for medical assistance under title XIX of the 
        Social Security Act which the Secretary of Health and Human 
        Services determines requires State legislation (other than 
        legislation appropriating funds) in order for the plan to meet 
        the additional requirements imposed by the amendments made by 
        this section, the State plan shall not be regarded as failing 
        to comply with the requirements of such title solely on the 
        basis of its failure to meet these additional requirements 
        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 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of such 
        session shall be deemed to be a separate regular session of the 
        State legislature.

                    TITLE II--PUBLIC HEALTH PROGRAMS

               Subtitle A--National Health Service Corps

SEC. 201. NATIONAL HEALTH SERVICE CORPS.

    (a) In General.--Section 331 of the Public Health Service Act (42 
U.S.C. 254d) is amended--
            (1) in subsection (a)(3), by adding at the end the 
        following:
                    ``(F) The term `dental therapist' means, with 
                respect to a State or Tribal government that licenses 
                or certifies such dental therapists, a mid-level dental 
                practitioner who--
                            ``(i)(I) is licensed to practice under the