Outcome of Bills Monitored by TAGD

 

 

DSOs  

  

HB 1480 by Rep. Senfronia Thompson/SB 151 by Sen. Jane Nelson

TAGD Position: Support   

 

 

Outcome: Failed. Note: Provisions that will allow the TSBDE to gather baseline data on practices passed as part of an omnibus state board bill (HB 3201.)  

 

Special thanks to Dr. Susan Putthoff from Kerrville who testified on TAGD's behalf in support of HB 1480 when it was heard in the House Public Health Committee.

 

Medicaid Standards

   

HB 2919 by Rep. Lois Kolkhorst

TAGD Position: Opposed

  

HB 2919 would have codified current Health and Human Services Commission standards about qualifications for dentists who  provide Medicaid-reimbursed orthodontia services. While TAGD appreciated Rep. Kolkhorst's desire to ensure that someone receiving Medicaid-reimbursed orthodontia care, the academy opposed the legislation because it could have set a precedent affecting how insurers and others may view who is qualified to provide orthodontia care.  TAGD is also deeply concerned that this legislation would have for the first time in Texas law prevented a properly trained general dentist from providing services that the dentist is qualified to provide.

 

Thanks to TAGD's president Dr. Mark Peppard, MAGD who met with Chairman Kolkhorst to discuss concerns and also for testifying on the bill when it was heard in committee.

 

Outcome: Failed.

 

TSBDE Omnibus Bill

  

HB 3201 by Rep. Kolkhorst

TAGD Position: Support

This bill directs the TSBDE to adopt a process to review complaints, which would use outside expert reviewers rather than state board members. Based on a model used for many years by the Texas Board of Medical Examiners, it is hoped that this new process will significantly cut down the time needed to investigate a complaint from an average of more than 400 days to 60. This legislation includes a $55 licensing fee increase for dentists. TAGD supported this effort because it will make the board more efficient and provide better protection for patients.  

 

The legislation also was amended to incorporate provisions from HB 405 by Rep. Allen Fletcher to prohibit current former TSBDE board members from serving as expert witnesses in lawsuits involving health care liability, standard of care or malpractice.  

 

Other provisions added to the bill included provisions stating that parents may be present while their child is receiving treatment unless, in the dentist's judgment, their presence would have an adverse effect on the child's treatment. Finally, the bill directs the state board to gather some additional information about dentist's practices, including whether the dentist owns a DSO is employed by a DSO or participates in the Medicaid or CHIP programs.  

 

Outcome: Effective September 1, 2013. The new review process will apply to complaints filed after January 1, 2014.

 

Note: The state budget also included modest fee increases for all TSBDE licensees. For dentists, it is estimated that fees will go up a total of $80 ($55 due to the passage of HB 3201 and $25 because of the state budget.)

 

Teeth Whitening

  

HB 502 by Rep. Ana Hernandez Luna  

TAGD Position: Support     

HB 502 would have amended the definition of practicing dentistry to include providing or performing teeth whitening or providing teeth whitening products. Over the counter products would have been exempted from the law.

 

Outcome:  Failed. 

 

Thanks to Dr. Jen Bone who testified in support of this bill on TAGD's behalf. Dr. Peppard also testified in support representing TDA.

 

Dental Exams   

 

HB 638 by Rep. Diane Patrick  

TAGD Position: Amend/Support.    

Creates an eight member advisory committee at the Texas Dept. of State Health Services to study the feasibility of requiring dental exams for students entering first grade. The committee would report its recommendations by Dec. 1, 2014. TAGD is working to ensure a TAGD representative is included on the advisory committee.  

Outcome:  Failed. 

 

Medicaid Deferred Compensation

  

HB 784 by Rep. Ryan Guillen  

TAGD Position: Support  

This legislation would consider dentists who provide Medicaid services "independent contractors" so that they may participate in a deferred compensation program administered by the Employees Retirement System of Texas. 

   

Outcome:  Failed.

 

Child Support    

 

SB 774 by Sen. Carlos Uresti

TAGD Position: Support  

This bill would have allowed courts to mandate dental coverage in certain child support orders.  

 

Outcome: Failed.

 

Medicaid Due Process

 

SB 1803 by by Sen. Joan Huffman

TAGD Position: Support  

Supported efforts to ensure that dentists facing Medicaid investigations have due process. Opposed legislation to consolidate regulation of dentistry and other health professions under a single state agency. TAGD also supported a number of other bills that helped Medicaid providers.

 

Outcome: Effective September 1, 2013

 

Thanks to Dr. Jose Cazares who testified in support of the bill on TAGD's behalf. Dr. Cazares also testified in support of related legislation, HB 1563 by Rep. Bobby Guerra, for TAGD.

On June 4, Governor Rick Perry reappointed Dr. Steve Austin from Amarillo, a TAGD member, to the TSBDE board. The governor also reappointed Lewis White, who is an attorney from Humble. Other appointees include: