Government Relations Committee
February 17, 2011
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GOVERNMENT RELATIONS COMMITTEE
Conference Call
February 17, 2011
Minutes
PRESENT ABSENT
Dr. Donald Gordon (2) Dr. Andrew Mramor (1)
Dr. Lawrence Shire (3) Dr. Andrew Matta (9)
Dr. Daniel Martel (4)
Dr. Larry Pepper (5), Vice Chair CONSULTANTS/ STAFF
Dr. Herbert Ray (10), Chair Peg Moyer, The Winter Group
Dr. D. Scott Aldinger (3), T/L Hope Swenson, The Winter Group
Mrs. JudithWorsley (APDA) Marisa Swarney, director, government relations
Donald Smith, coordinator, government relations
Approval of Minutes
The committee unanimously approved minutes from the October 14, 2010, conference call.
Legislative Update
Ms. Moyer reported on the following:
· In December, a meeting took place with Rep. Thomas Murt (R-Montgomery) in Dr. Nancy Rosenthal’s office. Rep. Murt agreed to sponsor PDA’s non-covered services and assignment of benefits legislation. In January, PDA’s lobbyist and staff met with Rep. Murt and Kathy McCormac, executive director of the House Insurance Committee. Ms. McCormac will work with the Legislative Reference Bureau to draft both bills based on the language PDA submitted. The House Insurance Committee may schedule a public hearing on the assignment-of-benefits bill.
· Sen. Kim Ward (R-Westmoreland) will reintroduce PDA’s non-covered services legislation in the Senate. On March 1, PDA is meeting with Sen. Ward and Sen. Corman (R-Centre) chair of the Senate Appropriations Committee, to determine if Sen. Corman is amenable to moving this legislation without language he previously supported that would prohibit dentists from charging their usual fees on covered services once patients exhaust their maximum allowance. It is unlikely this bill would move out of the Senate Appropriations Committee if Sen. Corman does not agree with its language. The committee agreed that PDA should start out lobbying for legislation that prohibits insurers from capping non-covered services only.
· Approximately 50 legislators have signed on as cosponsors to HB 532, Rep. Stan Saylor’s (R-York) legislation requiring insurers to cover under their medical plans the cost of general anesthesia when needed to provide dental care to children seven and younger and special needs patients. Rep. Saylor will request that Chairman Nicholas Micozzie (R-Delaware) place HB 532 on the House Insurance Committee agenda for immediate consideration.
· On March 7, PDA is meeting with Sen. Vance to discuss SB 388, which requires dentists to purchase a specified amount of malpractice insurance. The committee acknowledged the difficulty PDA would have opposing SB 388 even though very few dentists do not carry this insurance and agreed that PDA should lobby for an amendment exempting volunteer dentists and those dentists who work in a facility which purchases the insurance for them. The committee was also concerned about whether the SBOD will lose revenue because out-of-state dentists may choose not to renew their Pennsylvania license.
· Sen. Edwin Erickson (R-Delaware) introduced SB 278, legislation increasing funding in the health practitioner loan repayment program from $64,000 to $75,000 and increasing the years of service in underserved areas to no less than seven. Ms. Swarney stated that dental students expressed concern about new dentists being deterred from applying for the funding because of the requirement lengthening the years of service. The committee agreed that PDA should discuss this concern with Rep. Erickson, as well as whether the program’s eligibility requirements could expand to include dental specialists, especially pediatric dentists.
· Sen. Pippy (R-Westmoreland) introduced HB 569, which gives volunteer dentists immunity from civil liability when they serve in qualified health care settings. However, there is an exemption for dentists who perform services that are found to be substantially below the standard of care. The committee generally supported the concept and thought Sen. Pippy’s bill could be incorporated in SB 278, the legislation requiring dentists to carry malpractice insurance.
· Sen. Pat Browne (R-Lehigh) introduced HB 554, legislation that would allow health care providers to apply volunteer time to their respective continuing education requirements, as long as it did not exceed 20 percent of the overall requirement. Dentists would be able to apply six volunteer hours to their 30 hour CE requirement. The committee generally supported the concept but wanted to review the language once it was available.
· Rep. Stephen Barrar (R-Chester, Delaware) introduced HB 663, which limits the timeframe insurers may retroactively deny health care providers’ claims. The committee noted that Rep. Adolph reintroduced the bill that had been amended last year in the House Insurance Committee to extend the timeframe from 12 to 18 months and included a tolling provision that allows insurers to extend the review period indefinitely.
PDA’s lobbyists will speak with Rep. Barrar about reintroducing the retroactive claims denial bill he originally proposed during the 2009/2010 legislation session which did not include a tolling provision and limited the timeframe for retroactive review to 12 months (02/11GRCDA1)
· Rep. Murt (R-Montgomery) would like to introduce a resolution commending PDA for its members’ volunteer efforts and charitable programs. PDA’s lobbyists and staff will draft the resolution.
· On April 5, Dr. Spruill and PDA’s lobbyists and staff will meet with Rep. William Adolph (R-Delaware) to discuss appropriations issues, specifically recent changes to benefits under the Children’s Health Insurance Program and restoration of funding in the Donated Dental Services program.
· PDA’s lobbyists are communicating with staff in the House Professional Licensure Committee to determine whether legislation will be introduced addressing licensure for foreign-trained dentists. Last session, PDA supported the dental school deans’ initiative to change licensure requirements so they could better recruit and retain qualified foreign-trained dentists.
· The Winter Group will arrange meetings with Governor Corbett’s policy advisors to discuss PDA’s advocacy goals.
· PDA will present the Kay Thompson Outstanding Legislator award to Rep. Eddie Day Pashinski (D-Luzerne) and Sen. Jane Orie (R-Allegheny) for their support of PDA and its advocacy goals. Last session, Rep. Pashinski and Sen. Orie introduced legislation on PDA’s behalf to expand the scope of practice for expanded function dental assistants. This legislation was enacted in 2010.
Sen. Orie and Rep. Pashinski were invited to attend the PADPAC Reception on April 8, during Annual Session, at which Dr. Spruill will present the awards.
· PDA’s Day on the Hill is scheduled for June 14, 2011. Staff asked the committee to take registration forms to district and local meetings and encourage their colleagues to attend this event.
PDA’s lobbyists will contact the Capitol events office to see if space is available in the main Rotunda for PDA to hold a press conference during Day on the Hill. (02/11GRCDA2)
Regulatory Update
Ms. Swarney reported the Pennsylvania Board of Osteopathic Medicine is sending a letter to the Pennsylvania State Board of Dentistry (SBOD) stating that the administration of botox and dermal fillers falls exclusively under the practice of medicine. The State Board of Medicine also adopted the policy that this practice falls under the medical practice act only. The SBOD is working on its own policy statement that allows dentists to perform these services in areas associated with the teeth and jaw.
The SBOD is to meet with these medical boards to discuss the contradiction with each board’s respective policies and has delayed enactment of its policy statement indefinitely.
Dr. Larry Pepper will contact Pennsylvania Society of Oral and Maxillofacial Surgeons board members to determine its position on the discrepancy between the medical board and the State Board of Dentistry on who should be allowed to administer botox and dermal fillers. (02/11GRCDA3)
Staff will contact Mr. Jay Layman, lobbyist for the Pennsylvania Society of Oral and Maxillofacial Surgeons, to discuss opportunities to collaborate on the issue of whether dentists should be allowed to administer botox and dermal fillers. (02/11GRCDA4)
The committee discussed the SBOD’s deliberations on whether it should create a dental office inspection program in an attempt to identify problems in advance and reduce the number of patient complaints against dentists. The committee agreed not to submit comments until it becomes clear whether the SBOD will pursue implementing this idea.
PADPAC/Grassroots Update
Mr. Smith reported that the hard dollar account currently holds $275,804 and the soft dollar account holds $161,063. The total amount of PADPAC donations raised so far in 2011 is $88,148.
Funding for districts to hold a legislative or PADPAC-related event in 2011 was increased from $500 to $2,000. The PAPDAC coordinators should work with staff, the GRC representative and other district leaders to plan these events. The PADPAC board will determine whether funds allocated to one district that chooses not to hold an event can be shifted to another district that is planning an event.
American Dental Association (ADA) Update
Dr. Ray reported that the ADA’s Government Affairs Council is focusing its attention on workforce and mid-level provider issues. Of major concern is the American Association of Public Health Dentistry’s position on workforce issues and potential partnerships with the Pew and Kellogg Foundations.
The ADA will continue to push for a repeal of the McCarran-Ferguson Act so that insurance companies would no longer have the ability to collude. Currently, insurers are exempt from the same anti-trust laws with which providers must abide.
Election of Officers
Dr. Pepper was unanimously elected to serve as chair for 2011/2012. Dr. Andrew Mramor was unanimously elected to serve as vice chair for 2011/2012.
New Business
The committee scheduled a meeting for June 14, 2011, in conjunction with Day on the Hill.
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