NOTICE OF PROPOSED CHANGES ON MEDICAID ENROLLMENT, COVERAGE & PAYMENT FOR ADVANCED PRACTICE DENTAL HYGIENIST & SPECIALIST IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH.

The Department of Health proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with Medicaid enrollment, coverage, and payment for an advanced practice dental hygienist and Medicaid enrollment for a dental specialist. The proposed changes are related to SB 173, and include including the following:***

***Please Note: Details related to SB 173: Short Title: “Dentists/Dental Hygienist/Radiolog Equip”; Title: "An Act relating to the practice of dentistry; relating to dental radiological equipment; relating to the practice of dental hygiene; relating to advanced practice permits for dental hygienists; relating to dental assistants; prohibiting unfair discrimination under group health insurance against a dental hygienist who holds an advanced practice permit; relating to medical assistance for dental hygiene services; and providing for an effective date." (SB 173; 32nd Legislature). The SB 173 bill was signed into law. The related details may be accessed on the Alaska State Legislature’s website at https://www.akleg.gov/basis/Bill/Detail/32?Root=SB%20173#tab1_4 ; the PDF version of SB 173 may be accessed at https://www.akleg.gov/PDF/32/Bills/SB0173Z.PDF .***

• 7 AAC 105. Medicaid Provider and Recipient Participation, is proposed to be amended as follows:
  • Allow the enrollment of an advanced practice dental hygienist as a billing provider.
  • Clarify compliance with scope of practice as a condition of Medicaid participation.

     

• 7 AAC 110. Medicaid Coverage; Professional Services, is proposed to be amended as follows:
  • Require appropriate dental specialty licensing for a dentist practicing as a specialist.
  • Establish enrollment requirements for an advanced practice dental hygienist.
  • Establish payment requirements for a dental hygienist group.
  • Establish payment requirements for an advanced practice dental hygienist.
  • Identify services for which an advanced practice dental hygienist can and cannot be paid.
  • Identify locations and establish patient demographic criteria for the provision of services by an advanced practice dental hygienist in locations other than a dental office.
• 7 AAC 120. Medicaid Coverage; Prescription Drugs and Medical Supplies; Durable Medical Equipment; Prosthetics and Orthotics; Transportation Services, is proposed to be amended as follows:
  • Allow payment to be made for only those drugs that are prescribed in accordance with Alaska Medicaid provider responsibilities and that can be prescribed within the scope of practice of an advanced practice dental hygienist.

   

• 7 AAC 145. Medicaid Payment Rates, is proposed to be amended as follows:
  • Pay an advanced practice dental hygienist in accordance with the requirements of the provider type and that are identified on the Fee Schedule: Advanced Practice Dental Hygienist Services.

     

• 7 AAC 160. Medicaid Program; General Provisions, specifically, 7 AAC 160.900. Requirements adopted by reference, is proposed to be amended as follows:
  • Add one new department fee schedule to be adopted by reference, the Fee Schedule: Advanced Practice Dental Hygienist Services.
  • Amend four department fee schedules previously adopted by reference, and adopt the updated version of each fee schedule. The fee schedules include (1) Fee Schedule: Dental Services for Children; (2) Fee Schedule: Emergent Adult Dental Services; (3) Fee Schedule: Prosthodontic Adult Dental Services; and (4) Fee Schedule: Enhanced Adult Dental Services.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Ms. Susan Miller Dunkin by electronic mail at susan.dunkin@alaska.gov or mail at the Department of Health, Division of Health Care Services, 4601 Business Park Blvd., Bldg. K, Attention: Susan Miller Dunkin, Anchorage, AK 99503. The comments must be received not later than 5 p.m. on November 27, 2023.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on November 21, 2023, via Zoom. You may join the online Zoom meeting at https://us02web.zoom.us/j/82078555862?pwd=bEp2RXF2T3pBNGJjTlU4V28wMjFHZz09 ,

or by calling the telephone number 1- (877) 853- 5247 (US Toll-free), using the meeting ID 820 7855 5862, and meeting passcode 418741. There will not be in-person attendance provided at the hearing site, so please prepare to share your oral comments by telephone only. The hearing is scheduled from 12:00 p.m. to 1 p.m., and priority will be given to commenters on the line before the beginning of the hearing. The hearing may be extended to accommodate those on the line before 12:30 p.m., who did not have an opportunity to comment. Before the start of the hearing, the Department of Health may limit the time allotted for each person providing oral testimony, as reasonably necessary to conclude the hearing in the time provided.

You may submit written questions relevant to the proposed action to Ms. Susan Miller Dunkin by electronic mail at susan.dunkin@alaska.gov or mail at the Department of Health, Division of Health Care Services, 4601 Business Park Blvd., Bldg. K, Attention: Susan Miller Dunkin, Anchorage, AK 99503. The questions must be received at least 10 days before the end of the public comment period. The Department of Health will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.

If you are a person with a disability who needs a special accommodation to participate in this process, please contact Ms. Susan Miller Dunkin at susan.dunkin@alaska.gov or at (907) 310-2769

not later than November 9, 2023, to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Ms. Susan Miller Dunkin at susan.dunkin@alaska.gov or by telephone at (907) 310-2769.

A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System or by contacting Ms. Susan Miller Dunkin at susan.dunkin@alaska.gov or by telephone at (907) 310-2769.

After the public comment period ends, the Department of Health will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 47.05.010; AS 47.05.012; AS 47.07.030; AS 47.07.040; AS 47.07.085.

Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.05.012; AS 47.07.030; AS 47.07.040; AS 47.07.085.

Fiscal information (in thousands of dollars): The proposed regulation changes are not expected to require an increased appropriation.

The Department of Health, Division of Health Care Services, keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all the Department of Health, Division of Health Care Services, notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Health, Division of Health Care Services at susan.dunkin@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

DATE: October 9, 2023.

/s/Heidi Hedberg

Commissioner,

Department of Health

State of Alaska.