GRW Keeping Track of State Issues

Feb. 2020

GRW Keeping Track of State Issues

The Government Relations Workgroup continues to monitor and review legislation of interest to the dental benefits industry, including a National Conference of Insurance Legislators (NCOIL) model act and bills focused on prior authorization and network leasing.

NCOIL Model Act

On March 7, NADP will testify at the hearing of the NCOIL Health Committee on a proposed Model Act sponsored by the American Dental Association. The American Council of Life Insurers and America’s Health Insurance Plans will also be testifying. The proposed Model Act includes provisions on network leasing, prior authorizations, overpayment recovery, virtual credit cards, and medical loss ratio. NADP members are also encouraged to attend the hearing, held during the NCOIL Spring Meeting in Charlotte, North Carolina.

Prior Authorization Bills

Arizona: SB 1138 includes provisions pertaining to prior authorization, overpayment recovery, and providing benefit information via a website. There was a meeting of stakeholders where it was agreed that the bill would be tabled, and instead a group of carriers and providers would be set up to formally work through these issues during the interim after the legislature adjourns.

Mississippi: Last year HB 752 was enacted into law, which contains regulations on prior authorizations. Some members have pointed out that the new law improperly conflates prior authorizations and predeterminations. NADP is currently reviewing the law and considering appropriate action to address this issue.  

Network Leasing Bills

Louisiana: Last year the dental association published a document asserting that Louisiana R.S. 40:2203.1 applies to dental plans. That statute contains restrictions on leasing practices, and its applicability to dental plans has been unclear. Providers have filed legal actions against several carriers asserting that the statute should apply to dental plans, and members are currently following this litigation and considering possible compliance implications.

Massachusetts: NADP and partners successfully represented the dental benefits industry by opposing network leasing provisions in S.544. A hearing was held last year and now the bill has been tabled. No legislative action on it is expected for the remainder of the year.

Nebraska: As a follow-up to the committee hearing, NADP members are working with the state dental association to iron out several relatively minor points of disagreement in LB 954, a network leasing bill that was introduced earlier this year.

With questions on any of these issues please contact Government Relations Associate Director, Artur Bagyants.