Bill Text - SB150 (2021)

Establishing a dental benefit under the state Medicaid program.


Revision: March 3, 2021, 10:05 a.m.

SB 150-FN - AS INTRODUCED

 

 

2021 SESSION

21-0257

11/08

 

SENATE BILL 150-FN

 

AN ACT establishing a dental benefit under the state Medicaid program.

 

SPONSORS: Sen. Rosenwald, Dist 13; Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Cavanaugh, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Kahn, Dist 10; Sen. Sherman, Dist 24; Sen. Prentiss, Dist 5; Sen. Soucy, Dist 18; Sen. Perkins Kwoka, Dist 21; Sen. Bradley, Dist 3; Sen. Giuda, Dist 2; Rep. Nordgren, Graf. 12; Rep. Wallner, Merr. 10; Rep. Marsh, Carr. 8; Rep. Langley, Hills. 8

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill requires the commissioner of the department of health and human services to solicit information and to contract with dental managed care organizations to provide dental care to persons under the Medicaid managed care program.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0257

11/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT establishing a dental benefit under the state Medicaid program.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Statement of Purpose.  To improve overall health, promote savings in the state's Medicaid managed care program, and prevent future health conditions caused by oral health problems, and based on the recommendation of the working group convened pursuant to 2019, 346:225, the general court hereby determines that it is in the best interest of the state of New Hampshire to extend dental benefits under the Medicaid managed care program to individuals 21 years of age and over.

2  New Paragraph; Medicaid Managed Care Program; Dental Benefits.  Amend RSA 126-A:5 by inserting after paragraph XIX the following new paragraph:

XIX-a.(a)(1)  The commissioner shall pursue contracting options to administer the state’s Medicaid dental program with the goals of improving access to dental care for Medicaid populations, improving health outcomes for Medicaid enrollees, expanding the provider network, increasing provider capacity, and retaining innovative programs that improve access and care through a value-based care model.  

(2)  The commissioner shall issue a request for information to assist in selecting the administrative model for the state’s Medicaid dental program.  Such model shall be either a model administered by a dental managed care organization or a model administered by the state’s current medical managed care organizations.  The commissioner shall obtain the requested information from both the current medical managed care organizations and any interested dental managed care organization.  The administrative model selected shall demonstrate the greatest ability to satisfy the state's need for value, quality, efficiency, innovation, and savings.  The request for information shall be released no later than August 1, 2021.  The request for information shall address improving health outcomes, expanding the provider network, increasing capacity of providers, integrating a value-based care model, and exploring innovative programs for children and adults.

(3)  If the model administered by a dental managed care organization is selected, the commissioner shall issue a 2-year request for proposals, with 2 optional one-year extensions, to enter into contracts with the vendor that demonstrates the greatest ability to satisfy the state's need for value, quality, efficiency, innovation, and savings.  The state plan amendment shall be submitted to the Centers for Medicare and Medicaid Services (CMS) within the quarter of the program effective date.  Implementation of a procured contract shall begin September 1, 2022 for the adult benefit.  The department, in consultation with oral health stakeholders, will determine the value of implementation of the pediatric dental benefit in a value-based benefit plan.  Implementation of the pediatric benefit will occur on a date that follows the successful implementation of the adult dental benefit.  The commissioner shall establish a capitated rate for the appropriate model for the contract that is full risk to the vendor.  In contracting for a dental managed care model and the various rate cells, the department shall ensure no reduction in the quality of care of services provided to enrollees in the managed care model and shall exercise all due diligence to maintain or increase the quality of care provided.  The department shall seek, with the review of the fiscal committee of the general court, all necessary and appropriate state plan amendments and waivers to implement the provisions of this paragraph.  The program shall not commence operation until such state plan amendments or waivers have been approved by CMS.  All necessary state plan amendments and waivers shall be submitted within the quarter of the program effective date.  

(4)  The commissioner shall adopt rules, pursuant to RSA 541-A, if necessary, to implement the provisions of this paragraph.

(b)  Any vendor awarded a contract pursuant to this paragraph shall provide the required dental services to children with an implementation date to be determined by the department after the successful implementation of the adult benefit and the following dental services to individuals 21 years of age and over, reimbursed under the United States Social Security Act, Title XIX, or successors to it:

(1)  Preventive dental services including examinations, necessary x-rays or other imaging, prophylaxis, topical fluoride, oral hygiene instruction, behavior management and smoking cessation counseling, and other services as determined by the commissioner.

(2)  Restorative treatment to restore tooth form and function.

(3)  Periodontal treatment and oral and maxillofacial surgery to relieve pain, eliminate infection, or prevent imminent tooth loss.

(4)  Removable prosthodontics to replace missing teeth subject to medical necessity.

  (c)  In this paragraph, “dental managed care organization” means any dental care organization, dental service organization, health insurer, or other entity licensed under Title XXXVII, that provides, directly or by contract, dental care services covered under this paragraph rendered by licensed providers and that meets the requirements of Title XIX or Title XI of the federal Social Security Act.  

3  Effective Date.  This act shall take effect upon its passage.

 

LBA

21-0257

Revised 3/3/21

 

SB 150-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a dental benefit under the state Medicaid program.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal Matching Medicaid Funds

 

METHODOLOGY:

This bill requires the Department of Health and Human Services to solicit information and contract with dental managed care organizations to extend dental benefits under the Medicaid managed care program to individuals 21 years of age and over.  Specifically, the bill amends RSA 126-A:5 by inserting a new paragraph XIX-a, which requires the Department to:

  • Release a request for information no later than August 1, 2021;
  • Submit a state plan amendment to the Centers for Medicare and Medicaid Services (CMS) within the quarter of the program effective date; and
  • Implement a contract beginning on September 1, 2022;

 

As shown in the table below, the Department has provided the following estimates of the cost of adding a dental benefit to the Medicaid program: "medium," "high," and "August 2020 plan," the last of which the Department expects will provide the basis for the plan that is ultimately implemented as a result of this bill.  It should be noted, however, that the FY 2020/21 budget trailer bill (codified in law as Chapter 346:225, III, Laws of 2019), required the Department to implement an adult dental benefit by April 1, 2021, so the cost of a generic dental benefit is attributable to that existing law rather than to the current bill.  While this bill does not repeal or amend that chapter law, it does differ from it, in that it establishes a new implementation date of September 1, 2022.  For that reason, for the purposes of this fiscal note, it is assumed that there will be no cost until FY 2023.

DHHS-Projected Dental Benefit Costs, Per Full Year of Implementation

 

 

Medium

High

August 2020 Plan

Gross Per-Member, Per Month (PMPM) Cost

 $             20.50

 $             36.79

 $            24.38

     Additional Transportation Services

 $               2.60

 $               2.60

 $              2.60

     Medical Cost Offsets (e.g., reduced emergency costs)

 $            (0.76)

 $            (0.76)

 $            (0.76)

          Net Projected PMPM Cost:

 $            22.34

 $            38.63

 $             26.22

 

 

 

 

Federal Share of Costs

 

 

 

     Traditional Medicaid Population (50% of cost)

 $     5,130,000

 $     8,860,000

 $    5,840,000

     Expanded Medicaid Population (90% of cost)

 $   11,450,000

 $   19,810,000

 $  14,490,000

          Projected Federal Share of Costs:

 $   16,580,000

 $   28,670,000

 $  20,330,000

 

 

 

 

State Share of Costs

 

 

 

     Traditional Medicaid Population (50% of cost)

 $     5,130,000

 $     8,860,000

 $    5,840,000

     Expanded Medicaid Population (10% of cost)

 $     1,270,000

 $     2,200,000

 $    1,610,000

          Projected State Share of Costs:

 $    6,400,000

 $  11,060,000

 $   7,450,000

 

As the benefit is expected to be implemented on September 1, 2022, FY 2023 costs will be 75% of the annual costs reflected above.  The Department notes that the "medium," "high," and "August 2020" plans reflect the following assumptions:

 

  • Medium
    • Includes: diagnostic, preventive, restorative, oral surgery
    • Excludes: fixed and removable prosthodontics, endodontics, orthodontics
  • High
    • Includes: diagnostic, preventive, restorative, oral surgery, removable prosthodontics, endodontics
    • Excludes: orthodontics, fixed prosthodontics
  • August 2020:
    • Includes: diagnostic, preventive, restorative, oral surgery, removable prosthodontics
    • Excludes: endodontics, periodontics except for preventive/maintenance, fixed prosthodontics and crowns, and orthodontics.

 

AGENCIES CONTACTED:

Department of Health and Human Services