GOVERNMENT RELATIONS COMMITTEE
Meeting
June 14, 2011
Minutes
PRESENTABSENT
Dr. Andrew Mramor (1)Dr. Jon Johnston (8)
Dr. Edmund McGurk (2)Dr. Andrew Matta (9)
Dr. Daniel Martel (4)
Dr. Larry Pepper (5), ChairCONSULTANTS/STAFF
Dr. Lance Rose (10)Peg Callahan, The Winter Group
Dr. Herbert Ray (10), T/LMark Singel, The Winter Group
Mrs. Judith Worsley (2), APDADon Smith, government relations coordinator
Marisa Swarney, government relations director
Welcome/Chair’s Remarks
Dr. Larry Pepper called the meeting to order at 2:15 p.m. The committee members introduced themselves.
Staff explained that all committee members should be using PDA’s social network to conduct business electronically between meetings and conference calls. Those members who have not yet signed on to the committee’s forum were instructed to do so by June 21.
Review of Minutes
The committee approved the minutes from the February 17, 2011, conference call.
Legislative Update
Mr. Mark Singel and Ms. Peg Callahan reported on the following legislation:
HB 532: This legislation requires insurers to cover general anesthesia when needed to provide dental care to children seven years of age an younger, and special needs patients. During PDA’s Day on the Hill, a press conference took place to promote HB 532, and attendees spoke about the bill during their legislative visits. There appears to be enough support to pass HB 532 through both chambers. The Winter Group expects the House Insurance Committee to vote on this bill in the fall.
Because Rep. Saylor is now in a leadership position, PDA’s lobbyists believe it is in PDA’s best interest not to ask a Senator to introduce a companion bill in the Senate.
HB 1537 and SB 1144: This legislation, which prohibits insurers from capping non-covered services, was introduced in both the House and the Senate. However, only SB 1144 includes the language requiring dentists to continue charging discounted fees on covered services once patients meet their maximum allowance. If HB 1537 begins moving first, it is likely the bill will be amended in committee to include this language. PDA compromised and agreed to include the maximum allowance language to have a better chance of passing the provision prohibiting insurers from capping non-covered services.
Ms. Callahan reported that she received a verbal commitment from legislative staffers that the Senate Banking and Insurance Committee will schedule a vote on SB 1144 in the fall.
HB 1536: Rep. Murt (R-Montgomery) introduced legislation requiring insurers to assign benefits to dentists who treat patients enrolled with a plan to which the dentist does not belong. Ms. Callahan explained that it is more difficult to “sell” this issue to legislators because their standard response is that dentists are not forced to contract with insurers, nor are they forced to treat patients with an insurance plan they do not accept. Opponents also argue that one of the benefits of provider participation is the fact that they are directly assigned benefits.
The committee agreed that passage of HB 1536 should remain one of PDA’s priorities for the remainder of the legislation session. Some committee members believe that if Pennsylvania has true assignment of benefits, more dentists would opt not to participate with insurers, and the non-covered services issue becomes moot. The committee directed PDA’s lobbyists to ask Senator Jake Corman, chair of the Senate Appropriations Committee, if he would champion passage of assignment-of-benefits. (06/11GRCDA1)
The committee discussed whether PDA might have better success lobbying for dual signature legislation. It would require both the patient and dentist to endorse an insurers’ check so it may be cashed. The committee agreed that it was in PDA’s best interest to continue lobbying for assignment of benefits legislation.
SB 388: PDA worked with Sen. Vance (R-Cumberland) to amend her legislation requiring dentists to purchase specified amounts of malpractice insurance. Dentists holding volunteer licenses, and those who are covered by the facility in which they work, are exempt from this requirement. The Senate passed SB 388 in early June and it has moved to the House Insurance Committee for consideration.
HB 663:This legislation would limit the timeframe in which insurers may retroactively deny health care claims to one year. Ms. Moyer explained that Rep. Barrar (R-Delaware) had mistakenly introduced a bill that would extend the timeframe to 18 months and allow for “tolling,” so that insurers can continuously request documentation from providers and extend the review period indefinitely. He has since reintroduced HB 663, the correct version of the bill, to the House Insurance Committee.
SB 278: PDA met with Sen. Ted Erickson (R-Delaware) sponsor of SB 278, to discuss some of its concerns about Pennsylvania’s student loan forgiveness program. SB 278 would increase the loan forgiveness from $64,000 to $75,000 for dentists willing to serve in health professional shortage areas (HPSAs), but it also extends the length of service to a minimum of seven to 10 years. PDA is in favor of increasing the reimbursement level but believes the extended years of practice in a HPSA will deter dentists from applying for the program.
Sen. Erickson admitted that it will be virtually impossible to pass SB 278 during this fiscal year, due to constraints on the budget.
SB 554: This legislation would allow dentists and other health care professionals to use volunteer hours to fulfill 20 percent of their continuing education (CE) requirement. Ms. Callahan explained that PDA was to meet with Sen. John Pippy (R-Allegheny), sponsor of SB 554, but the meeting was cancelled to allow PDA more time to develop a position on this bill.
The committee had a general discussion about the merits and drawbacks of SB 554. Some members believed that allowing dentists to apply volunteer hours for CE requirements would detract from the need for dentists to take courses on the profession’s latest technology and techniques. Some members also believed dentists should volunteer simply for the sake of helping others, not because they have an incentive to fulfill CE credits. Other members believed this legislation would improve access to care in Pennsylvania. The committee also discussed the PDA’s 2011 House of Delegates’ defeat of the Philadelphia County Dental Society’s resolution supporting SB 554 or similar legislation.
The committee believes PDA is taking the right approach with not lobbying in support of SB 554 at this time. PDA’s lobbyists will continue to monitor and report on any movement of SB 554.
HR 293:Rep. Thomas Murt (R-Montgomery) introduced a resolution commending members for their volunteer efforts with senior citizens. HR 293 made special mention of members’ participation with the Donated Dental Services (DDS) Program and the Senior Dental Care Program. HB 293 unanimously passed the House of Representatives on June 7.
Medical Assistance and DDS Funding: PDA lobbied for a restoration of funding in the adult MA and DDS programs during Day on the Hill. PDA’s lobbyists are working with staff from the House Appropriations Committee to ensure that these two budgetary items are part of the negotiation between the legislature and Administration before the budget is finalized.
Soda and Smokeless Tobacco Taxes: Ms. Callahan reported that Pennsylvania is the only state that does not tax smokeless tobacco and that PDA should consider joining the Lung Association and other groups supporting a tax on smokeless tobacco products.
Ms. Marisa Swarney stated that PDA should develop a policy in order to promptly respond to initiatives supporting a tax on smokeless tobacco and soda beverages. State dental associations are divided on whether to support these taxes because it may encourage other taxes on dental services or materials. The general consensus among committee members was that PDA should support smokeless tobacco and soda beverage taxes only if the revenue is used for oral health-related purposes.
Regulatory Update
Dr. Herbert Ray reported the following:
EFDA Scope of Practice
The State Board of Dentistry (SBOD) approved a draft rulemaking to standardize EFDA programs in Pennsylvania with an amendment to incorporate into EFDA curriculum and scope of practice where appropriate, coronal polishing, fluoride applications and taking impressions of teeth for athletic appliances. Also included is a provision requiring EFDAs to obtain three hours of continuing education in coronal polishing. Because of the change in Administration, finalizing these regulations has been delayed.
Teeth Whitening Policy Statement
Enacting a policy statement on teeth whitening has been postponeddue to the Federal Trade Commission’s lawsuit against the North Carolina Dental Board, accusing it of restraint of trade after a letter was sent to all teeth whitening businesses telling them to cease operation because they were practicing dentistry without licenses.
Administration of Botox/Dental Fillers
The SBOD will move forward with finalizing the policy statement that a dentist administering botox/dermal fillers is considered practicing dentistry as long as it is administered in the areas associated with the teeth and jaw.
Community Dental Health Coordinator (CDHC) Pilot Program
Chairman Dr. Siegel reported that interested parties will need to introduce legislation to make the CDHC a permanent workforce model in Pennsylvania. The SBOD will then have the authority to regulate them.
Mobile Vans/Practice Ownership
Mr. Timothy Gates, Esquire, reported that legal counsel is drafting legislation to regulate mobile dental units. The Practice Ownership Committee believes the Dental Practice Act is sufficient to prohibit corporate ownership of dental practices. To strengthen existing statutes, the SBOD will develop a regulatory package. Until such regulations are finalized, prosecutors still have the ability to press charges against those owning a dental practice without having a license.
The SBOD raised the question about whether public health dental hygienists have the ability to own mobile dental units and practice independently of dentists. PDA will submit comments to the SBOD reiterating its support for policy that allows only dentists to own dental facilities, including mobile vans.
PADPAC/Grassroots Update
Mr. Singel reported PDA is very strategic in how it spends its PAC funds. There is a concerted effort to identify members who are able to attend fundraisers, particularly those held in legislators’ districts.
Mr. Don Smith reported that members donated $103,768 to PADPAC in 2011, representing only 19 percent, or 744 members. In 2010, 36 percent, or 1,177 members, donated to PADPAC. The PADPAC board and district coordinators are working to address this decline in membership at the local and district levels.
Ms. Swarney reported that the government relations department will begin promoting Legislative Check-Up Week, scheduled for August 22-26, 2011. The purpose of this event is to promote grassroots involvement at the local level. PDA will send a postcard to all members asking them to schedule meetings with their Representative and Senator in their district offices during the week of August 22-26. PDA will have available online the talking points and background information members will need to prepare for these meetings.
Ms. Swarney reminded the committee that PADPAC allocated $2,000, plus 10 percent of a district’s soft dollar contribution, for each district to have legislative events in their respective locales. Districts may plan large receptions or more intimate lunches or dinners with legislators in their areas. PADPAC coordinators were encouraged to work with committee members to plan these events.
Dr. Ray stated that the North Dental Club invited a few local legislators to attend one of its regularly scheduled business meetings. Members were able to interact with these legislators and have frank discussions about issues. The committee agreed that PDA should encourage each district and local dental society to invite local legislators to at least one of their regular meetings annually. (06/11GRCDA2)
New Business
The committee scheduled a conference call, for October 19, 2011, from 12:00-1:00 p.m.