I 
111TH CONGRESS 
2D SESSION 
H. R. 4731 
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. 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicaid Options for 
Dental Fillings Act of 2010’’. 
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SEC. 2. CHANGES TO MEDICAID TO ENSURE EQUAL ACCESS 
TO RESIN-BASED DENTAL FILLINGS. 
(a) CHANGES TO MEDICAID COST-SHARING RULES 
FOR DENTAL FILLINGS.— 
(1) IN GENERAL.—Section 1916 of the Social 
Security Act (42 U.S.C. 1396o) is amended by add-
ing at the end the following new subsection: 
‘‘(k) DENTAL FILLINGS.—With respect to an indi-
vidual, the amount of cost-sharing charged under this sec-
tion or under section 1916A for a resin-based dental fill-
ing— 
‘‘(1) shall not exceed the amount charged in the 
State for a mercury-based dental filling on January 
1, 2010; and 
‘‘(2) in the case that the State charges an 
amount for a mercury-based dental filling and such 
amount is less than the amount under paragraph 
(1), shall not exceed the amount that the State 
charges for a mercury-based dental filling.’’. 
(2) 
CONFORMING
CHANGE.—Section 
1916A(a)(1) of such Act (42 U.S.C. 1396o–1(a)(1)) 
is amended— 
(A) by striking ‘‘Notwithstanding sections 
1916 and 1902(a)(10)(B)’’ and inserting ‘‘Not-
withstanding section 1902(a)(10)(B) and sub-
sections (a) through (j) of section 1916’’; and 
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(B) by inserting ‘‘and section 1916(k)’’ 
after ‘‘paragraph (2)’’. 
(b) CHANGES IN MEDICAID REIMBURSEMENT RATES 
FOR RESIN-BASED DENTAL FILLINGS.—Section 1903 of 
the Social Security Act (42 U.S.C. 1396b) is amended by 
adding at the end the following new subsection: 
‘‘(aa) In order to receive payments under subsection 
(a) for dental fillings, a State must reimburse providers 
for resin-based dental fillings at a rate that is the greater 
of— 
‘‘(1) a rate set by the State; or 
‘‘(2) a rate for such fillings that is proportional, 
relative to the cost of such fillings, to the greater 
of— 
‘‘(A) the rate at which the State reim-
burses providers for mercury-based dental fill-
ings, relative to the cost of such fillings; or 
‘‘(B) the rate at which the State reim-
bursed providers for mercury-based dental fill-
ings, relative to the cost of such fillings, on 
January 1, 2010.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall be effective for dental fillings provided 
on or after the date that is 60 days after the date of the 
enactment of this section. 
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