BILL NUMBER: AB 999	CHAPTERED  10/10/03

	CHAPTER  747
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2003
	APPROVED BY GOVERNOR  OCTOBER 9, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2003
	PASSED THE SENATE  SEPTEMBER 4, 2003
	AMENDED IN SENATE  AUGUST 21, 2003
	AMENDED IN SENATE  JUNE 24, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  APRIL 28, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Jerome Horton
   (Principal coauthor:  Assembly Member Montanez)

                        FEBRUARY 20, 2003

   An act to add Section 14132.22 to the Welfare and Institutions
Code, relating to health care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 999, Jerome Horton.  Medi-Cal:  dental restorative materials.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and certain other low-income persons.
   Existing law includes emergency and essential diagnostic and
restorative dental services, and dental prophylaxis cleanings and
dental examinations within the scope of benefits that may be provided
to eligible recipients under the Medi-Cal program.
   This bill would authorize Medi-Cal providers to recommend, after
consultation with the beneficiary, and to receive reimbursement for,
certain dental restorative materials other than the covered benefit
of amalgam.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Medi-Cal program, which is administered by the State
Department of Health Services, has defined a scope of dental benefits
that may limit a patient's choice of treatment.
   (b) Dentists have an interest in providing patients with all
currently available treatment options.
   (c) As required by Section 1648.10 of the Business and Professions
Code, the Dental Board of California has prepared a dental materials
factsheet that is provided to every new patient and to patients of
record prior to the performance of dental restoration work and that
describes the various dental restorative materials.  The patient
acknowledges receipt of this factsheet with his or her signature.
Additionally, the dentist needs to provide this factsheet only once
to each patient unless the factsheet is subsequently revised.
   (d) According to the Dental Board of California, the factsheet is
intended to accomplish both of the following goals:
   (1) Encourage discussion between patient and dentist about the
selection of dental restorative materials best suited for the patient'
s dental needs.
   (2) Demonstrate that dental professionals and the public are
concerned about the safety of dental treatment and any potential
health risks that are associated with the materials used to restore
teeth.
   (e) If a dentist, in consultation with the patient, determines
that a treatment option not included in the benefits of the Denti-Cal
program is within the standard of care, the dentist should have the
choice of providing that treatment.
   (f) The Dental Board of California enacted a resolution urging
state policies that give low-income consumers the same choices in
dental restorative materials as those enjoyed by all other consumers.

  SEC. 2.  Section 14132.22 is added to the Welfare and Institutions
Code, to read:
   14132.22.  (a) For purposes of this section, dental restorative
materials are limited to composite resin, glass ionomer cement, resin
ionomer cement, and amalgam as described on the Dental Board of
California's dental materials factsheet.
   (b) A provider of services that includes the provision of dental
restorative materials to a beneficiary under this chapter may
recommend, after consultation with the beneficiary, a dental
restorative material other than the covered benefit of amalgam.
   (c) A provider may claim and receive the reimbursement rate for an
amalgam restoration when using a different dental restorative
material.