BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 28, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 502  
          Chau - As Amended April 22, 2015


          SUBJECT:  Dental hygiene.


          SUMMARY:  Allows alternative dental hygiene practices to  
          continue to operate and provide care within a certified shortage  
          area, as specified, regardless of whether or not that area  
          maintains a designation as a dental health professional shortage  
          area (DHPSA) in the future.  Allows registered dental hygienists  
          in alternative practice (RDHAPs) to submit claims for dental  
          hygiene services and requires health plans and insurers to  
          provide reimbursement, as specified.  Specifically, this bill:  



          1)Prohibits an alternative dental hygiene practice from being  
            forced to close owing to a loss of its surrounding location's  
            designation as a DHPSA under the following circumstances:

             a)   The RDHAPs continue to serve patients that have no or  
               limited access to dental care, including Medi-Cal program  
               patients; and,

             b)   At least 40% of the total alternative dental hygiene  
               practice serves those underserved populations.  










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          2)Allows licensed dentists and dental assistants to be part of  
            professional corporations of RDHAPs.

          3)Requires health plans and policies that cover dental services,  
            including specialized health plans and policies, to do the  
            following: 



             a)   Allow RDHAPs to submit any claim for dental hygiene  
               services;

             b)   Reimburse an RDHAP for dental hygiene services that can  
               be performed by a registered dental hygienist (RDH) if the  
               plan or policy provides reimbursement for dental hygiene  
               services; and,



             c)   Use the same payment rates for RDHAPs as are provided to  
               RDHs.



          EXISTING LAW:  



             1)   Allows the licensure and regulation of registered dental  
               hygienists, registered dental hygienists in extended  
               functions, and registered dental hygienists in alternative  
               practice by the Dental Hygiene Committee of California  
               (DHCC).

             2)   Allows an RDHAP to perform various duties in specified  
               settings, including DHPSAs, as certified by the Office of  
               Statewide Health Planning and Development.









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             3)   Establishes the Knox-Keene Health Care Service Plan Act  
               of 1975 under the administration and enforcement of the  
               Department of Managed Health Care, and requires a health  
               care service plan to reimburse claims, as specified.



             4)   Provides for the regulation of health insurers by the  
               California Department of Insurance.



             5)   Establishes specified standards for health care service  
               plan contracts covering dental services, health insurance  
               policies covering dental services, specialized health care  
               service plan contracts covering dental services, and  
               specialized health insurance policies covering dental  
               services.



          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.



          COMMENTS:  



          1)PURPOSE OF THIS BILL.  The author states RDHAPs provide  
            necessary professional preventive dental care to patients who  
            typically have limited or no access to these services.  The  
            author states existing law limits access to RDHAPs by  
            preventing those who practice in DHPSAs from continuing  
            practice in those areas once they lose certification.  In  
            addition, the author contends RDHAPs are not currently  








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            provided with proper financial incentives to provide services,  
            as health plans and insurers are denying reimbursement for  
            RDHAP services, despite the services being equivalent to those  
            billable services provided by an RDH.  Finally, the author  
            asserts there are no current business protections for RDHAPs  
            in statute, though existing law authorizes them to  
            incorporate.  The author states this bill will remove barriers  
            in existing law for RDHAPs to practice and increase public  
            access to quality dental hygiene services.


          2)BACKGROUND.  



             a)   California Health Benefits Review Program (CHBRP)  
               Analysis.  At the request of the Legislature, CHBRP, within  
               the University of California, provides independent analyses  
               of medical, financial, and public health impacts of  
               proposed legislation regarding health insurance benefit  
               mandates and repeals.  The following background is based on  
               the CHBRP review for this bill.

               i)     RDHAPs.  RDHAPs are a subset of RDHs who are  
                 authorized to practice in specified underserved areas,  
                 including residences of homebound individuals, schools,  
                 residential facilities, and DHPSAs.  Although RDHAPs and  
                 RDHs share the same scope of practice, RDHs may not  
                 practice dental hygiene in the absence of an on-site  
                 dentist whereas RDHAPs, through additional schooling and  
                 a licensing process, may provide dental hygiene services  
                 without the supervision of a dentist.  Once licensed,  
                 RDHAPs are able to administer dental hygiene services in  
                 designated alternative practice settings without the  
                 supervision of a dentist, provided that they identify a  
                 dentist for referrals, consultations, or emergencies.
               
                 CHBRP estimates that RDHAPs annually provide dental  
                 hygiene services to approximately 598,400 patients.  In a  








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                 2009 survey, RDHAPs estimated that, on average, about a  
                 tenth of their patients were privately insured, a third  
                 were uninsured, and over half were covered through public  
                 assistance programs, such as Medi-Cal.



               ii)    Current barriers to practice.  According to DHCC,  
                 there are currently 563 licensed RDHAPs (524 of which are  
                 practicing) throughout California, as compared with  
                 approximately 31,000 licensed RDHs.  Due to their small  
                 numbers, unique designation, and barriers to  
                 participation in some networks, RDHAPs often experience  
                 difficulty gaining recognition as providers from payers  
                 and receiving compensation for their services.  In a 2009  
                 descriptive survey of the RDHAP workforce, 82% of  
                 practicing RDHAPs reported maintaining employment in a  
                 traditional dental office setting for an average of three  
                 days per week in order to support two days of alternative  
                 practice, citing significant administrative barriers to  
                 receiving consistent reimbursement for services delivered  
                 under their RDHAP licensure.  Accordingly, in 2009,  
                 RDHAPs identified administrative hassle as a significant  
                 impediment (4.0 on a 5-point scale) to providing direct  
                 patient care and reported spending approximately  
                 one-third of RDHAP practice time on administrative  
                 activities.

               iii)   Policies in other states.  There are currently 37  
                 states, including California, that are direct-access  
                 states for dental hygienists, meaning that a dental  
                 hygienist can initiate treatment based on his or her  
                 assessment of patient's needs without the specific  
                 authorization of a dentist, treat the patient without the  
                 presence of a dentist, and can maintain a  
                 provider-patient relationship.  These services are  
                 generally provided in settings such as Head Start  
                 centers, schools, federally qualified health centers  
                 (FQHCs), and long-term care facilities.  In 16 states,  








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                 there is statutory or regulatory language allowing the  
                 state Medicaid program to directly reimburse dental  
                 hygienists for services rendered.


               
             b)   Federal criteria for DHPSAs.  A geographic area will be  
               designated as having a dental professional shortage if the  
               following three criteria are met:
             
               i)     The area is a rational area for the delivery of  
                 dental services;
               
               ii)    One of the following conditions prevails in the  
                 area:


               
                  (1)       The area has a population to  
                    full-time-equivalent dentist ratio of at least  
                    5,000:1; or,
                  
                  (2)       The area has a population to  
                    full-time-equivalent dentist ratio of less than  
                    5,000:1 but greater than 4,000:1 and has unusually  
                    high needs for dental services or insufficient  
                    capacity of existing dental providers.


                  
               iii)   Dental professionals in contiguous areas are  
                 overutilized, excessively distant, or inaccessible to the  
                 population of the area under consideration.

               Populations with unusually high needs for dental services  
               are defined as those where more than 20% of the population  
               has incomes below the poverty level, or areas where the  
               majority of the population does not have a fluoridated  
               water supply.








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             c)   Legislative oversight hearing.  On March 17, 2014, the  
               Senate Committee on Business, Professions, and Economic  
               Development and the Assembly Committee on Business,  
               Professions, and Consumer Protections held a joint  
               oversight hearing to discuss a Sunset Review Report on the  
               DHCC.  The report discussed at the hearing identified  
               barriers to RDHAP practice, including the closure of a  
               dental practice when the area no longer meets criteria as a  
               DHPSA, and the ability for DHAPs to collect payment for  
               services rendered.  The staff recommendation examined at  
               the joint hearing included amending existing law to reduce  
               these two specific barriers.

             d)   Denti-Cal State Audit.  On December 11, 2014, the  
               California State Auditor issued a report titled "California  
               Department of Health Care Services: Weaknesses in Its  
               Medi-Cal Dental Program Limit Children's Access to Dental  
               Care."  The report stated that insufficient number of  
               dental providers willing to participate in Medi-Cal, low  
               reimbursement rates and a failure to adequately monitor the  
               program, led to limited access to care and low utilization  
               rates for Medi-Cal beneficiaries across the state.  The  
               Audit found that 16 counties either have no active  
               providers or do not have providers willing to accept new  
               Medi-Cal patients, and 16 other counties have an  
               insufficient number of providers.


             
               Recent changes in federal and state laws that have expanded  
               Medi-Cal coverage could increase the number of children and  
               adults who can receive additional covered dental services  
               from 2.7 million to as many as 6.4 million, bringing into  
               question the state's ability to provide timely and adequate  
               care to beneficiaries.









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             e)   Impact of this bill.  The CHBRP analysis anticipates  
               multiple impacts on the dental coverage of patients, and  
               utilization rates for RDHAPs.
             
               There are currently no RDHAPs that participate as  
               contracted network providers in DHMOs (dental health  
               maintenance organizations) or DPPOs (dental preferred  
               provider organizations) in the state.  It is not  
               anticipated that RDHAPs will become participating providers  
               in either type of dental insurance plan under this bill due  
               to their scope of practice and network participation  
               requirements.


               
               Additionally, RDHAPs are already allowed to submit claims  
               as out-of-network providers to DPPO plans, however the rate  
               of reimbursement and likelihood of having the claim paid  
               varies by plan, service, and the certification requirements  
               of each plan.  This bill is likely to increase the  
               likelihood of claims being paid and RDHAPs being recognized  
               by DPPOs as out-of-network providers only.



               Finally, reduced paperwork, changes to professional  
               corporation requirements and staffing, certification  
               requirements, and barriers to providing and being  
               reimbursed for care will not change the out-of-network  
               nature of RDHAP care or the limitations on where they can  
               practice.  However, it could increase the number and/or  
               amount of time spent by RDHAPs practicing independently in  
               DHPSAs and alternative practice settings.



          3)SUPPORT.  The California Dental Hygienists' Association, the  








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            sponsor of the bill, and supporters state this bill improves  
            access to dental hygiene care for vulnerable populations that  
            cannot easily access traditional dental offices by  
            strengthening the RDHAP practice in current law.  Supporters  
            state RDHAPs are recognized dental providers that provide the  
            healthcare system with innovative services essential to  
            expanding dental services to patients throughout California.   
            Supporters argue this bill removes current barriers to RDHAP  
            practice and improves the ability of RDHAPs to take dental  
            hygiene care to patients.
          4)OPPOSITION.  The California Dental Association states in  
            opposition, on a prior version of the bill, the primary reason  
            for the development of the RDHAP license is to bring dental  
            hygiene services to dentally underserved populations and into  
            underserved communities.  According to the opposition, it is  
            not aware of any existing problems with DHPSAs that have lost,  
            or are in danger of losing, their designations and potentially  
            reducing access to care, and that it is unclear what effect a  
            DHPSA reclassification would have on the surrounding  
            community.  The opposition concludes that should guidelines  
            should be placed into statute for RDHAPs who work in  
            reclassified DHPSAs to ensure the practice retains the intent  
            of the law to increase dental services to underserved  
            populations.



          5)PREVIOUS LEGISLATION.  



             a)   AB 1174 (Bocanegra), Chapter 662, Statutes of 2014,  
               authorizes certain allied dental professionals, including  
               RDHs and RDHAPs, to perform additional activities using  
               telehealth.

             b)   AB 1334 (Salinas), Chapter 850, Statutes of 2006, RDHAPs  
               to provide services to patients without a prescription from  
               a dentist or a physician and surgeon for the first 18  








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               months after the first date of service.

          6)POLICY COMMENT.  At the time of this analysis, there do not  
            appear to be records of existing DHPSAs within California  
            losing their designation.  The Committee may wish to consider  
            the need for immediate action on these specific provisions of  
            this bill, since the future needs and services provided for  
            dental care of vulnerable populations may have changed by the  
            time any DHPSAs lose their designation.

          7)TECHNICAL AMENDMENT.  This bill allows RDHAPs to continue to  
            provide services in DHPSAs which have lost their  
            classification, on the condition that they continue to provide  
            services to patients who have limited or no access to dental  
            care, and at least 40% of the practice serves those  
            underserved populations.  The current language is unclear as  
            to whether the 40% requirement applies to the percentage of  
            practicing providers who must serve an underserved population,  
            or the percentage of clientele which must be underserved.  The  
            author has indicated the intent was to require the latter  
            option in the bill; therefore the Committee may suggest the  
            clarifying, technical amendment:


          
            In Section 1926 of the Business and Professions Code:



            (d) Dental health professional shortage areas, as certified by  
            the Office of Statewide Health Planning and Development in  
            accordance with existing office guidelines.  An alternative  
            dental hygiene practice established within a certified  
            shortage area shall not be required to close due to the  
            removal of the dental health professional shortage area  
            designation if the registered dental hygienist in alternative  
            practice continues to serve those patients that lack or have  
            limited access to dental care including, but not limited to,  
            Medi-Cal program patients, and at least 40 percent of the  








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            total patient population of the alternative dental hygiene  
            practice  serves those  is comprised of those underserved  
            populations.



          








          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Dental Hygienists' Association (sponsor)


          Several individuals (prior version)


          Opposition


          California Dental Association (prior version)




          Analysis Prepared by:An-Chi Tsou / HEALTH / (916) 319-2097









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