Advocacy E-News
March 14, 2023
For more information, visit AAOMS.org or contact the AAOMS Department of Government Affairs, 800-822-6637
In this newsletter:
Federal Affairs
AAOMS-led student loan bill reintroduced
 
U.S. CapitolThe Resident Education Deferred Interest (REDI) Act (S 704/HR 1202) was reintroduced in the 118th Congress by Senators Jacky Rosen (D-Nev.) and John Boozman (R-Ark.) and Reps. Brian Babin (R-Texas) and Chrissy Houlahan (D-Pa.). The bill would allow medical and dental residents to defer their federal student loans interest-free while serving in their residencies or internships, saving them thousands of dollars in interest. AAOMS sent a letter of support to the bill sponsors as well as organized and sent letters – one to the House sponsors and one to the Senate sponsors – from a coalition of more than 40 physician and dentist organizations. AAOMS members also urged their constituent members of Congress to support this bill during their congressional meetings held as part of the recent AAOMS Day on the Hill.
DEA releases rule for permanent telemedicine prescribing
 
DEAThe DEA announced on Feb. 24 two proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency (PHE) expires. The proposed rules – developed with HHS and in close coordination with the U.S. Department of Veterans Affairs – would discontinue the ability for telemedicine prescribing of non-narcotic controlled substances when the patient has not had an in-person exam (with the exception of an initial prescription period of no more than a 30-day supply). Additionally, if the patient requires a Schedule II medication or a Schedule III-V narcotic medication (with the sole exception of buprenorphine for opioid use disorder treatment), an initial in-person exam is required before any prescription can be issued. The DEA has provided a summary chart of the proposed rule as well as a summary for prescribers. If finalized, it would go into effect May 11 when the PHE ends.
State Affairs
Association supports NCOIL model MLR bill
 
NCOILAAOMS sent a letter to the National Council of Insurance Legislators (NCOIL) in support of the Medical Loss Ratios (MLR) for Dental Health Care Services Plans Model Act. The model bill is currently under consideration by NCOIL and a hearing on the language was held on March 12. The measure is being promoted by the ADA and is modeled after successful efforts in Massachusetts on this issue. Following debate on the measure during the meeting, NCOIL will consider amendments to the language for possible adoption during its summer meeting.
Health Information Technology
Clinical, administrative uses of AI and AuI explored
 
ADAA new white paper from the ADA’s Standards Committee on Dental Informatics (SCDI) addresses applications of artificial (AI) and augmented intelligence (AuI) in dentistry. ADA SCDI White Paper No. 1106 for Dentistry — Overview of Artificial and Augmented Intelligence Uses in Dentistry reviews AI uses in clinical applications of caries detection, periodontics and oral and maxillofacial surgery, just to name a few, as well as non-clinical applications, such as claims processing. Additional information on this and the standards development process is available at ADA.org/DentalStandards.
U.S. healthcare orgs targeted in ransomware attacks
 
CybersecurityA U.S. government cybersecurity advisory reports that North Korean state-sponsored ransomware groups are targeting U.S. and South Korean healthcare organizations as a way to raise revenue. The advisory, an update from one issued last July, indicates the Maui and H0lyGh0st ransomware as the most prolific programs used by the group. With these attacks, the group demands cryptocurrency prior to allowing organizations to regain control of network files. Technical details are provided within the advisory, and groups are encouraged to take various actions to protect themselves, including limiting access, enhancing training and frequently updating systems.
 
If faced with a ransomware incident, report the event to the local FBI Field Office, CISA or a U.S. Secret Service Field Office.
Practice Management
Guidance sought on MATE Act
 
SAMHSAThe Omnibus Bill of 2022 included the Restoring Hope for Mental Health Well Being Act, the Mainstreaming Addiction Treatment Act (MAT Act), and the Medication Access and Training Expansion Act (MATE Act). Of note, the MATE Act mandates that most practitioners – including oral and maxillofacial surgeons – licensed to prescribe controlled substances or who hold DEA licenses will be required to complete eight hours of coursework on either the treatment of substance use disorders or on the safe pharmacological management of dental pain with a referral for the treatment of substance use disorders. The eight hours is a one-time requirement. The requirement is set to be implemented on June 21. AAOMS participated in a listening session in February about the Act with the Substance Abuse and Mental Health Services Administration (SAMSHA). Participants lamented the lack of details sufficient to implement the necessary coursework as well as insufficient time for compliance. AAOMS submitted a letter to SAMHSA expressing similar concerns.
New SDOH ICD-10-CM codes issued
 
CDC listEffective April 1, the CDC and NCHS are expanding diagnostic options for coding Social Determinants of Health (SDOH) by deleting seven codes, adding 42 new codes, revising one existing ICD-10-CM code and updating the official guidelines to provide more examples in the SDOH section. The additions were made to Chapters 19 (Injury, Poisoning), 20 (External Causes of Morbidity) and 21 (Factors Influencing Health Status and Contact with Health Services) of the Tabular List and added to capture further data relating to SDOH. These codes help describe social problems, conditions, or risk factors that influence a patient’s health and should be assigned when the information is documented in the patient’s medical record. A comprehensive list of these updates can be found on CDC.gov.
Select payment determinations under IDR resume
 
CMSCMS announced effective Feb. 27 the resumption of payment determinations for certain out-of-network payment disputes under the federal arbitration process. The halt to all payment decisions was originally issued by CMS following a February court ruling that vacated certain provisions of the surprise billing final rule, issued by HHS and the Departments of Labor and Treasury last fall. However, while CMS revamps the regulation to align with the court’s decision, the agency will halt the issuance of payment determinations only for those disputes involving out-of-network services furnished on or after Oct. 25, 2022 (i.e., the effective date of the final rule). According to CMS, payment determinations for out-of-network services provided prior to that date will proceed as usual. Additional information on the ruling and process updates are available at CMS.gov/NoSurprises.
CMS updates Stark Law self-disclosure protocol
 
Regulations.govCMS recently published updates to the Stark Law Self-Referral Disclosure Protocol, the process that allows Medicare providers to report existing or potential Stark Law violations to CMS voluntarily. The Stark Law, or physician self-referral law, prohibits providers from referring Medicare, Medicaid or other federal health plan patients for certain “designated” health services to an entity with which the provider (or a member of the provider’s immediate family) has a financial relationship unless an exception applies. The update includes, effective March 1, revisions to existing forms as well as a new Group Practice Information form that, according to CMS, should be used to report noncompliance arising from the failure to qualify as a “group practice” under Stark. CMS publishes annual updates to the designated health services list via Regulations.gov. Additional information on the self-referral disclosure protocol, including the updated forms, may be found at CMS.gov.
FDA issues ventilator recall update
 
FDAFDA issued an updated safety communication on Feb. 9 to provide information regarding the medical device reports associated with the June 2021 recall of Philips Respironics ventilators, BiPAP machines and CPAP machines. For the latest FDA Actions, view the FAQs for this recall.
 
Adverse reactions or quality problems experienced with any product or device may be reported to MedWatch. Providers are reminded to monitor FDA notices and the agency’s website for recalls that may impact OMS practices.
Patient Safety Awareness Week: March 12-18
 
Encourage your practice to learn more about healthcare safety during Patient Safety Awareness Week, an annual recognition event taking place March 12 to 18. The Institute for Healthcare Improvement works with partners around the world to grow awareness for safety in the healthcare system for patients and the workforce.
 
Needlestick and Sharps webinarRegister for the AAOMS webinar Needlestick and Sharps Injuries: Risks, Management and Safety Protocols being held during Patient Safety Awareness Week at 1 p.m. CDT March 15. Keep your patients and OMS practice staff safe by recognizing the risks related to occupational sharps injuries and implementing OSHA- and CDC-required safety protocols for managing and reducing such injuries in the OMS practice setting.
 
More information on Patient Safety Awareness Week is available at IHI.org, and additional webinar opportunities are available at AAOMS.org/CEonline.
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