2010 Legislative Session Comes to an End

(7/12/10)

            The Louisiana Legislature wrapped up its 2010 regular session and adjourned sine die on Monday, June 21, 2010, at 6 p.m.

            After a slow start, the House and Senate finally broke their stalemate and passed a set of state budget bills for the rest of this year and next. According to the Public Affairs Research Council, the budgets are precariously balanced using a patchwork of one-time revenue sources, including $198 million from the Rainy Day fund, $242 million of tax amnesty proceeds, more than $1 billion of federal economic stimulus aid, and millions more from other reserve funds. The total operating budget finally passed for FY 2011 is $26 billion, compared to $29 billion for FY 2010. 

            In a precarious situation with too little money to go around this year, the Governor’s executive budget suggested legislators cut Medicaid across the board approximately 3% and the Senate made more cuts to the overall Medicaid dollars, which may add up to additional cuts. Louisiana’s Department of Health and Hospitals is working now to research codes and procedures to see how to best utilize the available money.

            Even though the LDA was working with Senate Finance Chair, Senator Mike Michot, to offer an amendment to add $50,000 into the budget for Donated Dental Services, there was too much pressure on cutting non-governmental organizations’ funding (called NGO funding) and Senator Michot was not able to get the amendment into the budget.

            Unfortunately, the budget situation was in fact as bleak as we expected; however, there were a number of bills that the LDA supported or opposed that have a positive impact (or result) on dentistry in Louisiana.

             HB 1246 was the non-covered services bill sponsored by the LDA. This bill says that no dental plan that is contracted for in this state may require that a dentist provide dental health care services to a covered person at a particular fee unless such services are covered services for which benefits are paid under a contract with such dentist. It also clarifies that a dental service contractor or insurer may offer a dentist optional agreements for participation in a dental plan in which a dentist may CHOOSE to participate either with or without a provision to provide discounts to covered persons for non-covered services. After a few hitches in the House and a tough fight in the Senate and a strong grassroots campaign, the bill passed and is now Act 940 and will become effective January 1, 2011.

            SB 638 was arguably one of our greatest challenges this session. This bill required superfluous regulation of water fluoridation. The facts regarding the safety of fluoridation additives clearly indicate that there was no need for this bill. However, this turned into a battle that challenged the very credibility of the LDA and the scientific-based facts we employ to educate lawmakers.  Associating fluoridation with unsafe Chinese products, and specifically Chinese drywall, (via a ban on fluoride additives from China) is a particularly specious, though politically astute, tactic.  The bill passed through the Senate Environmental Quality Committee and the full Senate, but the LDA really ramped up our lobbying efforts before it was heard in the House Health and Welfare Committee, and the bill died there. Senator Dan Claitor has already been quoted as saying he may bring the bill forward again in subsequent years.

            Similarly, anti-fluoridationists then brought forward HCR 207, directing the Fluoridation Advisory Board (FAB) to address questions and concerns regarding the health, environmental and fiscal effects of fluoridation and to report back to certain legislative committees. This resolution died in committee once members of the Healthy Smiles Coalition were able to explain to legislators that FAB meetings are open to the public and questions could be brought forward at those meetings.

            SB 214 - With the support of the LDA and the assurance of direct supervision in the law, the Louisiana Dental Hygienists’ Association bill allowing dental hygienists to administer nitrous oxide inhalation analgesia sailed through the process. The bill was signed by the Governor and is now Act 66 and is effective August 15, 2010.

            HB 1171, also known as the LaGRAD Act, was the higher education bill that also included professional schools such as the LSU School of Dentistry. The bill passed with the professional schools’ amendment allowing them to also increase tuition by 10%, subject to criteria specific to professional schools. The bill was signed by the Governor and is now Act 741 and is effective as of June 29, 2010.

            HB 978 allows Federally Qualified Health Centers (FQHCs) to employ dentists. The LDA was neutral on this bill; however, the lobbying team watched this legislation very carefully to make certain the language remained very narrowly tailored to apply only to FQHCs.  The language in the bill would NOT allow for any for-profit entity to own a practice, nor for any out-of-state dentist or dental student to work in an FQHC in this state. The bill was signed by the Governor and is now Act 612 and is effective as of June 25, 2010.

            HB 440 was the bill forcing a January 1, 2011, deadline for adoption of mobile dentistry rules or the Louisiana State Board of Dentistry (LSBD) members would be released from the positions. Even though the LDA believes parental consultation and involvement are crucial to maintaining the prevailing, acceptable standard of care in both mobile practices and traditional private practice and have pushed for rules reflecting those standards, the LDA was not the sponsor of this legislation and remained neutral for most of the session. After the Senate amended the bill to take out the portion requiring immediate removal of LSBD members, the LDA chose to support that version of the bill. After going to conference committee, the Senate amendment was reversed and the threat of removal was put back into the bill. It has been signed by the Governor and is Act 917.

            HB 532 in its original form placed onerous burdens on non-profits in pursuit of accountability. In trying to develop a bill that was palatable to most groups, the bill’s author substituted the bill with HB 1488. This bill made the minor adjustment to current law allowing state auditors to require any non-profit that accepts state funding to be forced to work with the legislative auditor’s office on a review. (Under current law, this only applies to non-profits that accept more than $25,000 per year or more in State funding.) It has been signed by the Governor and is Act 1045.

            SB 683 provides that when non-contracted health care providers provide emergency services in a health care facility that is contracted, health insurance issuers would be required to pay the non-contracted health care providers of those emergency services their usual and customary charges. The bill was signed by the Governor and is now Act 340 and is effective as of November 15, 2010.

            SB 732 requires notification to insureds that a non-contracted provider may provide services at a contracted facility and that the insured would be responsible for all or part of the fees provided for those services. The bill was signed by the Governor and is now Act 453 and is effective as of August 15, 2010.

            SB 34 is the bill that would allow for listing the names and specialties of all dentists in a practice on a Web site or making that same information available upon request by phone in lieu of printing that information in advertisements, provided that the web address or phone number appears in the ad.  The LDA remained neutral on this bill. The bill was signed by the Governor and is now Act 111 and is effective as of June 8, 2010.

            There are many other bills that the LDA monitored throughout session. If you have questions pertaining to a certain bill that was not covered in this report, call the LDA at (800) 388-6642 or e-mail This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or you can visit the state’s legislative website at www.legis.state.la.us.

            Thanks to all the LDA members who used the LDA Grassroots Action Center powered by VoterVOICE on our Web site to help lobby for or against the bills that impacted dentistry. Grassroots participation is essential to the LDA’s lobbying efforts, and all members are encouraged to use this service in the future. VoterVOICE makes it quick and easy for you to have your voice heard in the Louisiana Legislature!