BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 694 (Padilla)
          
          Hearing Date: 1/17/2012         Amended: 1/12/2012
                                                                           
              As proposed to be amended
          Consultant: Bob Franzoia        Policy Vote: B&P 7-0  Health 7-0
          _________________________________________________________________
          ____
          BILL SUMMARY: SB 694 would create a Statewide Office of Oral 
          Health within the Department of Public Health (department) with 
          a licensed dentist serving as dental director.  This bill would 
          provide that no General Fund moneys shall be used to implement 
          these provisions, but would authorize the state to accept public 
          and private funds for the purpose of implementing the provisions 
          of this bill and would provide that the provisions would become 
          inoperative if federal or private funds sufficient to support 
          the office are not received.  This bill would suspend existing 
          law which requires the department to maintain a dental program. 
          This bill would permit the office to conduct a study to assess 
          the safety, quality, cost-effectiveness, and patient 
          satisfaction of irreversible dental procedures performed by 
          traditional and nontraditional providers.  The provisions of 
          this bill would sunset on January 1, 2016.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2012-13      2013-14       2014-15     Fund
           Creation of new Statewide                                   
          Office of Oral Health                                       
            - personnel          Up to $1,000 initially, up to $500 
          ongoing                Private/
            - information technology        Up to $2,000 one time, minor 
          ongoing                Federal
              system
                                 
          Study of dental procedures        $100        $100      Private

          Increase in Denti-Cal benefits    Unknown, potentially 
          significant to major   General/
          utilization            cost increase annually           Federal
          _________________________________________________________________
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          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense File.
          
          The department's Office of Oral Health helps to ensure oral 
          health needs especially within low-income families, are 
          addressed.  Currently, this is done by local maternal, child and 
          adolescent health (MCH) programs working collaboratively with 
          existing dental and health-related programs.  Funding is 
          provided by Federal Title V MCH block grant funds.  The office's 
          Children's Dental Disease Prevention Program was eliminated in 
          2009-10 and the program is suspended indefinitely.  The office 
          also administers a community water fluoridation program.
          
          Statewide Office of Oral Health
          This analysis estimates creating a Statewide Office of Oral 
          Health will require five to ten personnel for first year program 
          implementation and to establish an oral health infrastructure.  
          This infrastructure would include a surveillance system and 
          database for collecting oral health data thereby requiring a 
          major information technology investment.  Given the goals of the 
          program (including the requirement for a licensed dentist), 
          higher levels of personnel compensation will be required.  Once 
          the program is established, personnel requirements should 
          decrease to an estimated five personnel annually.  Actual costs 
          are unknown and will be governed by the level of funding the 
          Department of Finance determines is sufficient to support the 
          activities of the office and the availability of federal and 
          private funds.  The Department of Finance could initially 
          determine sufficient funds are not available though the statute 
          implementing the office would not be inoperative until January 
          1, 2016.
                                                       
          Study
          Under this bill, the dental director may design and implement a 
          scientifically rigorous study to assess the safety, quality, 
          cost-effectiveness, and patient satisfaction of irreversible 
          dental procedures performed by traditional and nontraditional 
          providers for the purpose of informing future decisions about 
          scope of practice changes in the dental workforce that include 
          irreversible or surgical procedures.  The research parameters of 
          the study shall include public health settings, multiple models 
          of dentist supervision, multiple pathways of education and 
          training, and multiple dental providers, including dentists and 








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          nondentists.  The dental director shall convene an advisory 
          group on study design and implementation.

          The dental director shall provide input regarding study design 
          and implementation, receive all study data and reports, and 
          develop a report and recommendations to be submitted to the 
          Legislature based on the study findings.  In order to ensure the 
          study is conducted objectively staff recommends this bill be 
          amended to prohibit any one provider group or interest from 
          providing more than half the private funding for the study, 
          specify that the advisory group shall be comprised of 
          representative of all dental practices, traditional and 
          nontraditional, and nondentists, and require the director to 
          consult with the Legislative Analyst's Office in designing the 
          study and selecting any contractors.

          Another way to ensure objectivity would be to conduct a more 
          generalized study focusing on how to meet the state's unmet oral 
          health needs which would reflect the action plan developed by 
          the dental director (page 3, lines 10-11).  For example, Health 
          and Safety Code 104751 (b) would read:

          (b) The office may design and implement a scientifically
          rigorous study to assess the safety, quality, 
          cost-effectiveness, and
          patient satisfaction of  irreversible  dental procedures  performed 
          by
          traditional and nontraditional providers  for the purpose of
          informing future decisions about  scope of practice changes in 
          the
          dental workforce that include irreversible or surgical 
          procedures
           how to meet the state's unmet oral health needs.
           The research parameters of the study shall include public health
          settings, multiple models of dentist supervision, multiple 
          pathways
          of education and training, and multiple dental providers, 
          including
          dentists and nondentists  .

          This option may provide the dental director and the advisory 
          group more flexibility on study design and implementation.

          Increased access to dental care








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          The Medi-Cal Dental Program (Denti-Cal) provides comprehensive 
          dental care to children 21 years and younger.  The scope of 
          available services for children includes dental sealants as a 
          covered benefit.  Beginning June 1, 2011, Denti-Cal implemented 
          a 10 percent provider payment reduction for all dental services 
          as mandated by Chapter 3/2011. 

          Chapter 20/2009 eliminated most dental services for adults 21 
          years and older. Dental services that are still benefits for 
          adults are Federally Required Adult Dental Services, dental 
          services for pregnant beneficiaries for treatment of conditions 
          that might complicate the pregnancy, dental services that are 
          necessary as either a condition precedent to other medical 
          treatment or in order to undergo a medical surgery, and dental 
          services provided to beneficiaries who reside in a licensed 
          skilled nursing facility or intermediate care facility.

          Denti-Cal fee for service expenditures (50 percent federal/50 
          percent state) for 2010-11 are as follows:

          Total adults and children program expenditures: $467,197,164 

          Children only: $420,931,453, including:

          - Prophylaxis: $8,660,769 (dental prophylaxis consists of 
          removing plaque and cleaning the teeth to prevent cavities and 
          gum disease)
          - Topical application of fluoride, including prophylaxis: 
          $48,032,150
          - Topical application of fluoride, no prophylaxis: $366,196
          - Sealant - per tooth $21,637,243
          - Total $78,696,358

          Increasing oral health outreach will likely result in increased 
          Denti-Cal utilization.  A one percent increase in children's 
          prophylaxis, fluoride and sealant benefits would increase costs 
          approximately $400,000 annually.  Other Denti-Cal benefits would 
          also likely have increased utilization.  These costs may be 
          offset by unknown Denti-Cal savings if the cost of treating 
          advanced dental disease is reduced.

          The proposed author amendments would:
          - change federal (funds) to public (funds).
          - suspend, not eliminate, the existing oral health unit if the 








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          new statewide office of oral health secures sufficient funding.
          - The Department of Finance will make determinations if there 
          are sufficient funds to state the new statewide office of oral 
          health and will make a determination on an annual basis.
          - Add Senator Price as a coauthor.