An Act to Improve Dental Care Access for Children by Modifying
Maine Legislature, Session 132, LD 2123
Committee: Health and Human Services
Sponsors: FECTEAU, CURRY, DAUGHTRY
Amends: 22 MRSA §3174-S

Legislative Document
No. 2123
H.P. 1438
House of Representatives, January 7, 2026
An Act to Improve Dental Care Access for Children by Modifying 
the MaineCare Reimbursement Methodology for the Provision of 
Anesthesia for Certain Dental Services
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker FECTEAU of Biddeford.
Cosponsored by Senator CURRY of Waldo and
Representatives: BOYER of Cape Elizabeth, BUNKER of Farmington, CLUCHEY of 
Bowdoinham, DAIGLE of Fort Kent, RANA of Bangor, WEBB of Durham, ZAGER of 
Portland, Senator: President DAUGHTRY of Cumberland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, MaineCare does not currently fully reimburse anesthesia services for dental 
services; and
Whereas, that low reimbursement rate has resulted in a backlog of children who are 
MaineCare members waiting for dental services; and
Whereas, this legislation increases the reimbursement rates for anesthesia for certain 
dental services and should go into effect as soon as possible to address the backlog of 
children waiting for necessary dental services; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-S, sub-§2-B is enacted to read:
2-B.  Reimbursement for anesthesia for dental services.  The department shall 
provide supplemental payments to providers when reimbursing for medically necessary 
deep sedation or general anesthesia for dental services when those dental services are 
provided at an ambulatory surgical center and the patient population receiving dental 
services at that ambulatory surgical center consists of at least 50% MaineCare members on 
an annual basis.  The department may adopt rules to implement this subsection.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 2.  Department of Health and Human Services to modify MaineCare 
Benefits Manual; no time limit on medically necessary anesthesia for 
children's dental services. The Department of Health and Human Services shall amend 
its rules in Chapter 101: MaineCare Benefits Manual, Chapter II, Section 25, Dental 
Services and Reimbursement Methodology, to require that, when an ambulatory surgical 
center provides comprehensive dental services under deep sedation or general anesthesia 
to a patient population that is made up of at least 50% MaineCare members, no limitation 
may be placed on the length of time that reimbursable anesthesia services are provided to 
a MaineCare member who is a child for a single procedure as long as those anesthesia 
services are considered medically necessary. During the first year of operation of an 
ambulatory surgical center, the MaineCare member population must be measured on a 
monthly basis and for every year thereafter, the MaineCare member population must be 
measured on an annual basis.
Sec. 3.  Department of Health and Human Services to modify MaineCare 
Benefits Manual and fee schedule; reimbursement rates for medically 
necessary anesthesia provided for children's dental services. The Department of 
Health and Human Services shall amend its rules in Chapter 101: MaineCare Benefits 
Manual, Chapter II, Section 25, Dental Services and Reimbursement Methodology, and the 
department's fee schedule for dental services, to require that, when an ambulatory surgical 
center provides comprehensive dental services under deep sedation or general anesthesia 
to a patient population that is made up of at least 50% MaineCare members:
1.  The reimbursement rate for anesthesia services provided to a child must be at least 
$250 for every 15-minute increment of anesthesia services provided;
2.  Anesthesia services provided to a child must be billed using current dental 
terminology codes D9222 and D9223; and 
3.  Increases in the reimbursement rate established pursuant to subsection 1 must be 
made in future rate determination processes. 
During the first year of operation of an ambulatory surgical center, the MaineCare 
member population must be measured on a monthly basis and for every year thereafter, the 
MaineCare member population must be measured on an annual basis.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires the Department of Health and Human Services to provide 
supplemental payments to providers when reimbursing medically necessary deep sedation 
or general anesthesia for dental services provided to a child at an ambulatory surgical center 
if the patient population receiving dental services at the ambulatory surgical center consists 
of at least 50% MaineCare members. The bill authorizes the department to adopt rules to 
implement this requirement. The bill requires the department to amend its rules in Chapter 
101: MaineCare Benefits Manual to provide that a time limit may not be imposed on the 
provision of reimbursable anesthesia services for comprehensive dental services provided 
to a MaineCare member who is a child as long as those services are medically necessary 
and to set requirements for the reimbursement rate and billing processes applying to 
anesthesia services for comprehensive dental services provided to a child.