ATTORNEY ON LAW
Legislative Postmortem NYSDA scores positives in current State Budget in an otherwise anemic legislative session.
T
Lance Plunkett, J.D., LL.M.
he 2021 legislative session turned out to be rather slim on priority dental issues, a distinct turnaround from the success tallied at the end of the 2020 session last December (the teledentistry legislation). However, the State Budget for 2021-2022 proved to be the highlight of this year’s session for NYSDA. With the ongoing novel coronavirus (COVID-19) pandemic crisis triggering a potential multi-billion-dollar shortfall in state revenues, the governor had proposed across-the-board one percent reductions in Medicaid reimbursements, including all dental services. In addition, the NYSDA Dental Demonstration Project (DDP) appeared doomed, as cuts to such optional funding items were being threatened and the DDP was never mentioned in the governor’s budget or any early legislative budget proposals. Nevertheless, NYSDA prevailed, eliminating all cuts to Medicaid reimbursements and securing funding for another year for the DDP. Other highlights coming directly from the State Budget include: • Telehealth can now be delivered anywhere the patient is in the state by a qualified healthcare provider from anywhere in the United States.
6 AUGUST/SEPTEMBER 2021 The New York State Dental Journal ●
• All changes to the excess malpractice insurance program were eliminated and the program continues for just another year as usual. • Medicaid expense reports from the New York State Department of Health will now be issued quarterly instead of monthly. • The Department of Health “Family Plus Health Program” is replaced by the Department of Health “Basic Health Program,” and dental and vision services will now be part of the Basic Health Program, with the Commissioner of Health determining exactly what services will be covered and with no cost-sharing allowed for dental services. • Residential healthcare facilities must spend 70% on direct resident care, which is defined to include spending on dental services, among many other spending items. NYSDA was also able to have the New York State Senate unanimously pass S.6694 (Harckham), the NYSDA bill to amend the Dental Practice Act so that dental hygienists certified to use nitrous oxide and local infiltration anesthesia may do so to assist a dentist with any dental procedure. Currently they may only do so for dental hygiene procedures. It also allows
