(1) (a) The general assembly finds that:
As of 2011, Colorado was one of only ten states that did not offer basic oral healthservices to adults under medicaid;
Research has shown that untreated oral health conditions negatively affect a person'soverall health and that gum disease has been linked to diabetes, heart disease, strokes, kidney disease, dementia diseases and related disabilities, and even behavioral or mental health disorders;
Regular dental care and prevention are the most cost-effective methods available toprevent minor oral conditions from developing into more complex oral and physical health conditions that would eventually require emergency and palliative care;
Further, one in four adults has untreated tooth decay. Early detection and access topreventive and restorative treatments for oral health conditions can be up to ten times less expensive than treating those same conditions in an emergency setting.
Research has also shown that good oral health improves medicaid beneficiaries' ability to obtain and keep employment. Employed adults lose more than one hundred and sixtyfour million hours of work each year due to dental problems.
Children are more likely to receive regular dental services if their parents haveaccess to dental services; and
Pregnant women are one of the most vulnerable adult populations that are withoutoral health benefits under medicaid. During pregnancy, the physical changes a woman's body undergoes can negatively affect oral health. Untreated decay and periodontal disease are associated with adverse pregnancy outcomes such as increased risk for preeclampsia, pre-term labor, and low birth weight babies.
(b) Therefore, the general assembly declares that in order to improve overall health, promote savings in medicaid programs, and prevent future health conditions caused by oral health problems, it is in the best interest of the state of Colorado to create a limited oral health benefit for adults in the medicaid program.
(2) (a) Pursuant to section 25.5-5-202 (1)(w), by April 1, 2014, the state department shall design and implement a limited dental benefit for adults using a collaborative stakeholder process to consider the components of the benefit, including but not limited to the cost, best practices, the effect on health outcomes, client experience, service delivery models, and maximum efficiencies in the administration of the benefit.
The state department shall determine the most cost-effective method for providingthe adult dental benefit, including but not limited to a comparison of a capitated or fee-forservice method of payment and the purchase of dental insurance.
The state department shall seek any federal authorization necessary to provide theadult dental benefit.
Subject to federal authorization and federal financial participation, on or after July 1,2016, the diagnosis, development of a treatment plan, instruction to perform an interim therapeutic restoration procedure, or supervision of a dental hygienist performing an interim therapeutic restoration procedure may be provided through telehealth, including store-andforward transfer, in accordance with section 25.5-5-321.5.
(2.5) (a) Beginning when the higher federal match afforded through the federal "Families First Coronavirus Response Act", Pub.L. 116-127, or any amendment thereto, expires through June 30, 2022, the adult dental benefit provided by this section must not exceed one thousand dollars per year for each recipient.
(b) This subsection (2.5) is repealed, effective December 31, 2022.
(3) If the state department chooses to use an administrative service organization to manage the adult dental benefit:
The contract with the administrative service organization must provide that the contracting entity is prohibited from requiring dental providers to participate in any other public or private program or to accept any other insurance products as a condition of participating as a dental provider; and
The state department shall retain policy-making authority, including but not limitedto policies concerning covered benefits and rate setting.
(4) (a) There is hereby created in the state treasury the adult dental fund, referred to in this section as the "fund", consisting of money transferred to the fund from the unclaimed property trust fund pursuant to section 38-13-801 (3) and any money that may be appropriated to the fund by the general assembly. The money in the fund is subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with implementing the adult dental benefit pursuant to section 25.5-5-202 (1)(w).
The state treasurer may invest any unexpended moneys in the fund as provided bylaw. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund.
Any unexpended and unencumbered moneys remaining in the fund at the end of afiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2013: Entire section added, (SB 13-242), ch. 189, p. 761, § 2, effective August 7. L. 2015: (2)(d) added, (HB 15-1309), ch. 326, p. 1334, § 7, effective August 5. L. 2017: IP(1)(a) and (1)(a)(II) amended, (SB 17-242), ch. 263, p. 1327, § 200, effective May 25. L. 2018: (1)(a)(II) amended, (HB 18-1091), ch. 74, p. 642, § 3, effective August 8. L. 2019: (4)(a) amended, (SB 19-088), ch. 110, p. 467, § 11, effective July 1, 2020. L. 2020: (2.5) added, (HB 20-1361), ch. 161, p. 765, § 1, effective June 29.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.