To amend titles V and XIX of the Social Security Act to improve essential oral health care for lower-income individuals under the Maternal and Child Health Program and the Medicaid Program.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Essential Oral 
Health Care Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS

Sec. 101. Grants to support volunteer dental projects.
  TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS

Sec. 201. Support for ensuring individuals enrolled in Medicaid have 
                            dental services access equal to the 
                            population of the State.

   TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS

SEC. 101. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS.

    Title V of the Social Security Act (42 U.S.C. 701 et seq.) is 
amended by adding at the end the following new section:

``SEC. 511. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS.

    ``(a) Authority To Make Grants.--In addition to any other payments 
made under this title to a State, the Secretary shall award grants to 
eligible entities as defined in subsection (b) to purchase portable or 
mobile dental equipment and to pay for appropriate operational costs, 
including direct health care or service delivery costs, for the 
provision of free dental services to underserved populations that are 
delivered in a manner consistent with State licensing laws.
    ``(b) Eligible Entity.--An eligible entity under this subsection is 
an organization, such as a State or local dental association, or a 
dental education, dental hygiene education or postdoctoral dental 
education program accredited by the Commission on Dental Accreditation, 
or a community-based organization that partners with an academic 
institution, that is exempt from tax under section 501(c) of the 
Internal Revenue Code of 1986 and that offers a free dental services 
program for underserved populations.
    ``(c) Application.--An institution desiring a grant under this 
section shall submit an application to the Secretary in such manner as 
the Secretary may require.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to make grants under this section $3,000,000 for each of 
fiscal years 2010 through 2014.''.

  TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS

SEC. 201. SUPPORT FOR ENSURING INDIVIDUALS ENROLLED IN MEDICAID HAVE 
              DENTAL SERVICES ACCESS EQUAL TO THE POPULATION OF THE 
              STATE.

    (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 
1396b) is amended by adding at the end the following new subsection:
    ``(aa) Equal Access to Oral Health Care Plan.--
            ``(1) Increase in fmap for states implementing approved 
        equal access requirements.--In order to ensure adequate 
        provider participation in the plan under this title and to 
        ensure that individuals covered by the plan have access to oral 
        health care services to the same extent as such services are 
        available to the population of the State, subject to paragraph 
        (3), in the case of a State that obtains the Secretary's 
        approval for its plan under this title to incorporate, and to 
        implement, the requirements specified in paragraph (2), 
        notwithstanding section 1905(b), the Federal medical assistance 
        percentage applied under the plan with respect to expenditures 
        for dental and oral health services for individuals covered 
        under the plan shall be increased by 25 percentage points, but 
        not to exceed 90 percent, at the time the approved plan is 
        implemented.
            ``(2) Provider participation and access requirements.--The 
        requirements specified in this paragraph for a State are that 
        the State provides the Secretary with assurances regarding each 
        of the following:
                    ``(A) Individuals covered by the State plan have 
                access to oral health care services to the same extent 
                as such services are available to the population of the 
                State.
                    ``(B) Payment for dental services for individuals 
                covered by the State plan is made at levels consistent 
                with market-based rates.
                    ``(C) No fewer than 35 percent of the practicing 
                dentists (including a reasonable mix of general 
                dentists, pediatric dentists, and oral and 
                maxillofacial surgeons) in the State participate 
                (whether directly or through a plan providing dental 
                services) under the State plan and there is reasonable 
                distribution of such dentists serving the covered 
                population.
                    ``(D) Administrative barriers under this title are 
                addressed to facilitate such provider participation, 
                including improving eligibility verification, ensuring 
                that any licensed dentist may participate in a publicly 
                funded plan without also having to participate in any 
                other plan, simplifying claims forms processing, 
                assigning a single plan administrator for the dental 
                program, and employing case managers to reduce the 
                number of missed appointments.
                    ``(E) Demand for services barriers under this title 
                is addressed, such as educating caregivers regarding 
                the need to seek dental services and addressing oral 
                health care literacy issues.
            ``(3) 3-year review.--Beginning 3 years after the date of 
        the enactment of this section and every 3 years thereafter the 
        Secretary shall evaluate the impact of the increase in the 
        Federal medical assistance percentage under this subsection on 
        the rate of participation of dentists and the use of dental 
        services under the State plan. If the Secretary determines that 
        the increase in such percentage has not resulted in a 
        commensurate increase in such participation and use rate, as 
        determined in consultation with the State involved, paragraph 
        (1) shall no longer apply in such State.''
    (b) Effective Date.--The amendment made by this section shall apply 
to expenditures in calendar quarters beginning on or after October 1, 
2009.

Summary: Essential Oral Health Care Act of 2009 - Amends title V of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with state licensing laws. Amends SSA title XIX (Medicaid) to increase the federal medical assistance percentage (FMAP) for states implementing equal access requirements that ensure that individuals enrolled in the state Medicaid plan have access to oral health care services to the same extent as such services are available to the population of the state.