I 

111TH CONGRESS 

2D SESSION H. R. 4731 

To amend title XIX of the Social Security Act to ensure access to resinbased dental fillings that, at a minimum, is equal to the level of access 

to mercury-based dental fillings under such title. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2010 

Ms. WATSON introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to ensure 

access to resin-based dental fillings that, at a minimum, 

is equal to the level of access to mercury-based dental 

fillings under such title. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicaid Options for 

5 Dental Fillings Act of 2010’’. 


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1 SEC. 2. CHANGES TO MEDICAID TO ENSURE EQUAL ACCESS 

2 TO RESIN-BASED DENTAL FILLINGS. 

3 (a) CHANGES TO MEDICAID COST-SHARING RULES

4 FOR DENTAL FILLINGS.— 

5 (1) IN GENERAL.—Section 1916 of the Social 

6 Security Act (42 U.S.C. 1396o) is amended by add7 ing at the end the following new subsection: 

8 ‘‘(k) DENTAL FILLINGS.—With respect to an indi9 vidual, the amount of cost-sharing charged under this sec10 tion or under section 1916A for a resin-based dental fill11 ing— 

12 ‘‘(1) shall not exceed the amount charged in the 

13 State for a mercury-based dental filling on January 

14 1, 2010; and 

15 ‘‘(2) in the case that the State charges an 

16 amount for a mercury-based dental filling and such 

17 amount is less than the amount under paragraph 

18 (1), shall not exceed the amount that the State 

19 charges for a mercury-based dental filling.’’. 

20 (2) CONFORMING CHANGE.—Section 

21 1916A(a)(1) of such Act (42 U.S.C. 1396o–1(a)(1)) 

22 is amended— 

23 (A) by striking ‘‘Notwithstanding sections 

24 1916 and 1902(a)(10)(B)’’ and inserting ‘‘Not25 withstanding section 1902(a)(10)(B) and sub26 sections (a) through (j) of section 1916’’; and 


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1 (B) by inserting ‘‘and section 1916(k)’’ 

2 after ‘‘paragraph (2)’’. 

3 (b) CHANGES IN MEDICAID REIMBURSEMENT RATES

4 FOR RESIN-BASED DENTAL FILLINGS.—Section 1903 of 

5 the Social Security Act (42 U.S.C. 1396b) is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(aa) In order to receive payments under subsection 

8 (a) for dental fillings, a State must reimburse providers 

9 for resin-based dental fillings at a rate that is the greater 

10 of— 

11 ‘‘(1) a rate set by the State; or 

12 ‘‘(2) a rate for such fillings that is proportional, 

13 relative to the cost of such fillings, to the greater 

14 of— 

15 ‘‘(A) the rate at which the State reim16 burses providers for mercury-based dental fill17 ings, relative to the cost of such fillings; or 

18 ‘‘(B) the rate at which the State reim19 bursed providers for mercury-based dental fill20 ings, relative to the cost of such fillings, on 

21 January 1, 2010.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall be effective for dental fillings provided 

24 on or after the date that is 60 days after the date of the 

25 enactment of this section. 


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1 (d) EXCEPTION FOR STATE LEGISLATION.—In the 

2 case of a State plan under title XIX or State child health 

3 plan under XXI of the Social Security Act, which the Sec4 retary of Health and Human Services determines requires 

5 State legislation in order for the respective plan to meet 

6 one or more additional requirements imposed by amend7 ments made by this section, the respective plan shall not 

8 be regarded as failing to comply with the requirements of 

9 such title solely on the basis of its failure to meet such 

10 an additional requirement before the first day of the first 

11 calendar quarter beginning after the close of the first reg12 ular session of the State legislature that begins after the 

13 date of enactment of this section. For purposes of the pre14 vious sentence, in the case of a State that has a 2-year 

15 legislative session, each year of the session shall be consid16 ered to be a separate regular session of the State legisla17 ture. 

Æ 


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