OPA EFDA and Hygiene Anesthesia Rule Updates


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he posting of rules in the May 1, 2024 edition of the Missouri Register included a waiver of the rules for the OPA Pilot Project and allowing for hygien-


ists to administer Local Anesthesia under General Supervi- sion. We have shared both these topics with members in various communications. We thank all of you who shared your insight with the Missouri Dental Board (MDB) on the need for the OPA Pilot Project. The public comment period ended May 31. Now, the Missouri Dental Board will review all comments, make possible adjustments if felt warranted, and eventually will submit as a final order of rulemaking to the Governor’s office. Rules become official when posted in the State Code of Regulation which could be later this fall. As stated previously, these are not official rules currently. Regarding the anesthesia rule and dental hygienists being allowed to provide local anesthesia with- out a dentist present, a few things should be noted about this new rule as written. It outlines the specific require- ments for seeing ASA I, II & III classifications of patients. It also states ASA IV and V cannot be seen under local anesthesia without a dentist present. Therefore, this is not a blanketed allowance for hygienists to see all patients. You can find complete information about the OPA pilot Project, including proposed rules, at modental.org/oppilot.


Dental Insurance Reform Survey to Arrive in your Email Later this Summer


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s part of MDA’s continued support for our mem- bers around issues of Dental Insurance Reform, we have conducted dental insurance reform surveys


for several years. In the coming months, we again want to hear directly from you, your insurance manager or office manager about some of the challenges you may be having with insurance companies (third-party payors). Later this summer, you will receive a survey asking you to participate to share your experiences with insurers. The survey should take only 5-10 minutes, and your feedback will help equip us for conversations with lawmakers and state regulators in our efforts to support you. The survey will be about common issues we have and continue to hear from den- tists. We are informing you in advance this is coming, and your input is critical to helping us support and advocate for issues important to dentists among lawmakers and regulators.


14 focus | SUMMER 2024 | ISSUE 2


FOR MORE INFORMATION VISIT ADA.ORG/ERISA


UPDATE: Supreme Court Amicus Brief on the Employee Retirement Income Security Act of 1974 (ERISA)


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n June 12, a group of health care providers led by the ADA filed an amicus (friend of the court) brief in the U. S. Supreme Court asking it to accept a review of a decision from the U.S. Court of Appeals


for the Tenth Circuit concerning so-called ERISA preemption of state stat- utes directed to administrative aspects of self-funded health care plans. The brief argues that the Supreme Court should take up the case because the Tenth Circuit decision is directly at odds with the Supreme Court’s holding in Rutledge v. Pharmaceutical Care Management Association, that appropri- ately limits the reach of the federal ERISA statute’s preemption of state law.


The ADA and its state constituents believe it’s in the best interests of pa- tients and health care providers for third-party payors to follow state laws directed to patient health and safety, which ERISA plans have said in the past they are exempt from.


“We are encouraged to see this — it is a bold move that is needed,” said Vicki Wilbers, MDA Executive Director. “If the Supreme Court rules in favor of the state of Oklahoma and limits the scope of preemption, it would be key for assisting us with dealing with specific Missouri third-party payors by removing their long-standing exemptions to follow state laws.”


Read and learn more about ERISA on the ADA website, ada.org/erisa.


ADA Foundation Launches Give Veterans a Smile


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he newly launched Give Veterans A Smile program encourages dentists to provide pro bono oral health care to underserved veterans and to assist them in finding a dental home. Learn more on the next page and at adafoundation.org/gvas. The ADA will provide an official launch at SmileCon in New Orleans this October.


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