77R14684 KKA-D                          
         By Moncrief                                           S.B. No. 1411
         Substitute the following for S.B. No. 1411:
         By Maxey                                          C.S.S.B. No. 1411
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to dental services provided under the medical assistance
 1-3     program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
 1-6     is amended by adding Section 32.053 to read as follows:
 1-7           Sec. 32.053.  DENTAL SERVICES.  (a)  For purposes of this
 1-8     section, the "dental necessity" for a dental service or product is
 1-9     defined as the circumstances under which a prudent dentist, acting
1-10     in accordance with generally accepted practices of the professional
1-11     dental community and within the parameters of care of the American
1-12     Dental Association and within the quality assurance criteria of the
1-13     American Academy of Pediatric Dentistry, as applicable, would
1-14     provide the service or product to a patient to diagnose, prevent,
1-15     or treat orofacial pain, infection, disease, dysfunction, or
1-16     disfiguration.
1-17           (b)  A dental service or product may not be provided under
1-18     the medical assistance program unless there is a dental necessity
1-19     for the service or product.
1-20           (c)  In providing dental services under the medical
1-21     assistance program, the department shall:
1-22                 (1)  ensure that a stainless steel crown is not used as
1-23     a preventive measure;
1-24                 (2)  require a dentist participating in the medical
 2-1     assistance program to document, through x-rays or other methods
 2-2     established by department rule, the dental necessity for a
 2-3     stainless steel crown before the crown is applied;
 2-4                 (3)  require a dentist participating in the medical
 2-5     assistance program to comply with a minimum standard of
 2-6     documentation and recordkeeping for each of the dentist's patients;
 2-7                 (4)  replace the 15-point system used for determining
 2-8     the dental necessity for hospitalization and general anesthesia
 2-9     with a more objective and comprehensive system developed by the
2-10     department; and
2-11                 (5)  take all necessary action to eliminate unlawful
2-12     acts described by Section 36.002 in the provision of dental
2-13     services under the medical assistance program, including:
2-14                       (A)  aggressively investigating and prosecuting
2-15     any dentist who abuses the system for reimbursement under the
2-16     medical assistance program; and
2-17                       (B)  conducting targeted audits of dentists whose
2-18     billing activities under the medical assistance program are
2-19     excessive or otherwise inconsistent with the billing activities of
2-20     other similarly situated dentists.
2-21           (d)  In setting reimbursement rates for dental services under
2-22     the medical assistance program, the department shall:
2-23                 (1)  set the reimbursement rate for a stainless steel
2-24     crown at an amount equal to the reimbursement rate for an amalgam
2-25     or resin filling;
2-26                 (2)  reduce the amount of the hospitalization fee in
2-27     effect on December 1, 2000, and redistribute amounts made available
 3-1     through reduction of that fee to other commonly billed dental
 3-2     services for which adequate accountability measures exist;
 3-3                 (3)  eliminate the nutritional consultation fee and
 3-4     redistribute amounts made available through elimination of that fee
 3-5     to other commonly billed dental services for which adequate
 3-6     accountability measures exist;
 3-7                 (4)  provide for reimbursement of a behavior management
 3-8     fee only if:
 3-9                       (A)  the patient receiving dental treatment has
3-10     been previously diagnosed with mental retardation or a mental
3-11     disability or disorder, and extraordinary behavior management
3-12     techniques are necessary for therapeutic dental treatment because
3-13     of the patient's uncooperative behavior; and
3-14                       (B)  the dentist includes in the patient's
3-15     records and on the claim form for reimbursement a narrative
3-16     description of:
3-17                             (i)  the specific behavior problem
3-18     demonstrated by the patient that required the use of behavior
3-19     management techniques;
3-20                             (ii)  the dentist's initial efforts to
3-21     manage the patient's behavior through routine behavior management
3-22     techniques; and
3-23                             (iii)  the dentist's extraordinary behavior
3-24     management techniques subsequently required to manage the patient's
3-25     behavior; and
3-26                 (5)  redistribute amounts made available through
3-27     limitation of the behavior management fee under Subdivision (4) to
 4-1     other commonly billed dental services for which adequate
 4-2     accountability measures exist.
 4-3           (e)  The department shall develop the minimum standard
 4-4     described by Subsection (c)(3) in cooperation with the State Board
 4-5     of Dental Examiners.
 4-6           SECTION 2.  If before implementing any provision of this Act
 4-7     a state agency determines that a waiver or authorization from a
 4-8     federal agency is necessary for implementation of that provision,
 4-9     the agency affected by the provision shall request the waiver or
4-10     authorization and may delay implementing that provision until the
4-11     waiver or authorization is granted.
4-12           SECTION 3.  This Act takes effect immediately if it receives
4-13     a vote of two-thirds of all the members elected to each house, as
4-14     provided by Section 39, Article III, Texas Constitution.  If this
4-15     Act does not receive the vote necessary for immediate effect, this
4-16     Act takes effect September 1, 2001.