article: 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 (Maternal and Child Health Services) 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.