1-1     By:  Moncrief                                         S.B. No. 1411
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1411                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to dental services provided under the medical assistance
1-11     program.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
1-14     is amended by adding Section 32.053 to read as follows:
1-15           Sec. 32.053.  DENTAL SERVICES.  (a)  For purposes of this
1-16     section, the "dental necessity" for a dental service or product is
1-17     defined as the circumstances under which a prudent dentist, acting
1-18     in accordance with generally accepted practices of the professional
1-19     dental community and within the parameters of care of the American
1-20     Dental Association and within the quality assurance criteria of the
1-21     American Academy of Pediatric Dentistry, as applicable, would
1-22     provide the service or product to a patient to diagnose, prevent,
1-23     or treat orofacial pain, infection, disease, dysfunction, or
1-24     disfiguration.
1-25           (b)  A dental service or product may not be provided under
1-26     the medical assistance program unless there is a dental necessity
1-27     for the service or product.
1-28           (c)  In providing dental services under the medical
1-29     assistance program, the department shall:
1-30                 (1)  ensure that a stainless steel crown is not used as
1-31     a preventive measure;
1-32                 (2)  require a dentist participating in the medical
1-33     assistance program to document, through x-rays or other methods
1-34     established by department rule, the dental necessity for a
1-35     stainless steel crown before the crown is applied;
1-36                 (3)  require a dentist participating in the medical
1-37     assistance program to comply with a minimum standard of
1-38     documentation and recordkeeping for each of the dentist's patients;
1-39                 (4)  replace the 15-point system used for determining
1-40     the dental necessity for hospitalization and general anesthesia
1-41     with a more objective and comprehensive system developed by the
1-42     department; and
1-43                 (5)  take all necessary action to eliminate unlawful
1-44     acts described by Section 36.002 in the provision of dental
1-45     services under the medical assistance program, including:
1-46                       (A)  aggressively investigating and prosecuting
1-47     any dentist who abuses the system for reimbursement under the
1-48     medical assistance program; and
1-49                       (B)  conducting targeted audits of dentists whose
1-50     billing activities under the medical assistance program are
1-51     excessive or otherwise inconsistent with the billing activities of
1-52     other similarly situated dentists.
1-53           (d)  In setting reimbursement rates for dental services under
1-54     the medical assistance program, the department shall:
1-55                 (1)  reduce the amount of the hospitalization fee in
1-56     effect on December 1, 2000, and redistribute amounts made available
1-57     through reduction of that fee to other commonly billed dental
1-58     services for which adequate accountability measures exist;
1-59                 (2)  eliminate the nutritional consultation fee and
1-60     redistribute amounts made available through elimination of that fee
1-61     to other commonly billed dental services for which adequate
1-62     accountability measures exist;
1-63                 (3)  provide for reimbursement of a behavior management
1-64     fee only if:
 2-1                       (A)  the patient receiving dental treatment has
 2-2     been previously diagnosed with mental retardation or a mental
 2-3     disability or disorder, and extraordinary behavior management
 2-4     techniques are necessary for therapeutic dental treatment because
 2-5     of the patient's uncooperative behavior; and
 2-6                       (B)  the dentist includes in the patient's
 2-7     records and on the claim form for reimbursement a narrative
 2-8     description of:
 2-9                             (i)  the specific behavior problem
2-10     demonstrated by the patient that required the use of behavior
2-11     management techniques;
2-12                             (ii)  the dentist's initial efforts to
2-13     manage the patient's behavior through routine behavior management
2-14     techniques; and
2-15                             (iii)  the dentist's extraordinary behavior
2-16     management techniques subsequently required to manage the patient's
2-17     behavior; and
2-18                 (4)  redistribute amounts made available through
2-19     limitation of the behavior management fee under Subdivision (3) to
2-20     other commonly billed dental services for which adequate
2-21     accountability measures exist.
2-22           (e)  The department shall develop the minimum standard
2-23     described by Subsection (c)(3) in cooperation with the State Board
2-24     of Dental Examiners.
2-25           SECTION 2.  If before implementing any provision of this Act
2-26     a state agency determines that a waiver or authorization from a
2-27     federal agency is necessary for implementation of that provision,
2-28     the agency affected by the provision shall request the waiver or
2-29     authorization and may delay implementing that provision until the
2-30     waiver or authorization is granted.
2-31           SECTION 3.  This Act takes effect immediately if it receives
2-32     a vote of two-thirds of all the members elected to each house, as
2-33     provided by Section 39, Article III, Texas Constitution.  If this
2-34     Act does not receive the vote necessary for immediate effect, this
2-35     Act takes effect September 1, 2001.
2-36                                  * * * * *