NH Regulations Plus |
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Description of Federal Requirements [TOP] According to the federal regulations on dental services (483.55), the facility must help the residents obtain routine dental services and 24-hour emergency dental care. As necessary, facilities must help the resident make dental appointments and arrange transportation to and from dentists’ offices, and facilities must promptly refer residents with lost or damaged dentures to a dentist. Medicaid residents must be assisted to secure routine dental care to the extent covered by the state plan. Medicare residents may be charged extra for dental services, and the regulation clarifies that the facility is under no obligation to pay for routine dental services. Dentistry and oral health are mentioned a few other places in the federal regulations. Under Resident’s Rights 483.10 (C) (i) (E) , Protection of Resident Funds, residents covered by Medicaid or Medicare have the right without charge to various supplies, among which are specified toothbrush, toothpaste, denture adhesive, denture cleaner, dental floss. Under the Resident Assessment standard, 483.20 (b) (1) (xi), the comprehensive resident assessment must include dental and nutritional status. Under the Administration standard, 483.75 (h) (1), the facility is responsible for contracting with qualified personnel, including dental personnel. |
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Nineteen (19) states echo all or part of the federal regulations (Alabama, Nevada, and Vermont) or are silent on dental regulations (California, Connecticut, Delaware, Kansas, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, South Dakota, and Washington. The remaining 31 states have elaborated either briefly or more elaborately on dental requirements. The most elaborate provisions spell out the elements that are included in emergency dental care and routine dental care, and the minimum provisions of a dental program in terms of frequency of examinations, use of dental hygienists, and the like. The dental provisions are all cast with understanding that many residents have limited or no payment system for most dental care, though residents covered by Medicaid will be eligible for whatever dental services are included in the State plan. Some states describe the characteristics of a high-quality dental program, but also clarify that the resident (or resident’s guardian) is to be asked at intervals if they want to receive dental treatments at their own expense. Advisory Dentists [TOP] The most usual addition is the requirement (found in 14 States) that facilities contract with a licensed dentist to advise on and oversee policies and education concerning dental practices, dental hygiene, and emergency dental care. States variously call this contracted individual (or firm) an Advisory Dentist, a Consultant Dentist, or simply a contracted dentist. With or without an Advisory Dentist requirement, the States often specify that dentists participate in in-service education for nursing staff, that nursing staff implement the recommendations of the attending dentists, and that policies be developed to manage dental care. Additionally, Arizona and Tennessee specify that the Medical Director be responsible for ensuring a dental program. The examples below show the range in the way Advisory Dentist requirements are treated: 4In Arkansas, facilities shall establish a written cooperative agreement with an advisory dentist or dental service. The agreement shall include provisions for a dentist to participate annually in the staff development program and to recommend oral hygiene policies and practices. 4In Idaho, the facility shall identify, in writing, the dentist(s) utilized to provide advice and guidance to the facility regarding policies and procedures, training of staff in dental and oral care and who is available for emergencies. 4In Kentucky, an advisory dentist shall provide consultation, participate in in-service education, recommend policies concerning oral hygiene, and shall be available in case of emergency. 4In New Mexico, the facility shall retain an advisory dentist to participate in the staff development program for nursing and other appropriate personnel to recommend oral hygiene policies and practices for the care of residents. 4In Maryland, an advisory dentist, licensed to practice in the State, shall: (1) Recommend oral hygiene policies and practices for the care of the patients and for arrangements for emergency treatment; (2) Assist in the formulation of dental health policies; and Provide direction for in-service training to give the nursing staff an understanding of patients' dental problems. 4In Massachusetts, a SNCFC shall appoint a consultant dentist with experience or training in developmental disabilities who shall participate in the development of patient care policies related to dental health, familiarize him/herself with the dental condition, needs and care of each patient, and as necessary, participate in periodic staff conferences. 4In Minnesota, a nursing home must maintain a written dental provider agreement with at least one dentist, licensed by the Board of Dentistry, who agrees to provide: A. routine and emergency dental care for the nursing home's residents; B. consultation on the nursing home's oral health policies and procedures; and oral health training for nursing home staff. 4In Oregon, the facility shall have a consulting dentist who shall: (a) Participate in the development of written policies and procedures for routine dental care, dental emergencies, and oral hygiene (OAR 411-085-0210); (b) Be available in case of a dental emergency or arrange for another dentist to be available; (c) Recommend procedures for oral health in-service training. This training shall be provided to appropriate staff at least annually; and (d) Instruct or arrange for a dental hygienist to instruct registered nurses on the facility staff in how to perform oral screenings. 4Texas has a similar provision that the facility shall have an advisory dentist who shall provide consultation, develop and participate in in-service education, and recommend policies concerning oral hygiene. Texas further stipulates that “records of in-service education meetings shall be in writing.” 4In Wisconsin, the facility shall retain an advisory dentist to participate in the staff development program for nursing and other appropriate personnel and to recommend oral hygiene policies and practices for the care of residents. One of the common duties of Advisory Dentists or a Dental Program is to provide written policies for dental care. Some states go into considerable detail on the expected nature of these policies and what they will cover. In New Jersey, the facility follows established protocols for providing all residents with regularly scheduled routine prophylactic dental services and treatments when indicated, delivered by a dentist or a dental hygienist, except for residents whose medical records contain an explanation of why such services would not benefit the resident. Schedule of Dental Exam [TOP] Some States specify a schedule for an initial dental examination and/or ongoing dental examination. For example: 4In Colorado, upon admission, each resident of a facility upon his/her consent or upon the consent of a responsible person, shall have an oral examination by a licensed dentist or an initial oral inspection by a licensed dental hygienist designated by a dentist. . . . In lieu of the admission examination, the resident may present written results, for entry into his/her medical record, of an oral examination administered during a period not to exceed six months prior to admission. 4 In Massachusetts, a nursing home shall ensure each patient has a complete dental examination annually and periodic dental inspection every six months. 4 In Minnesota, within 90 days after admission, a resident must be referred for an initial dental examination unless the resident has received a dental examination within the six months before admission. After the initial dental examination, a nursing home must ask the resident if the resident wants to see a dentist and then provide any necessary help to make the appointment, on at least an annual basis. This opportunity for an annual dental checkup must be provided within one year from the date of the initial dental examination or within one year from the date of the examination done within the six months before admission. 4
New York spells out the
schedule in greater detail, including a time expectation from the
identification of an oral problem to the initiation of treatment. In
New York, an initial screening of each resident's oral health status
shall be conducted within 48 hours of admission to determine the need
for emergency care to alleviate pain, infection, or swelling. The
presence and functioning of any oral prostheses shall be observed, and,
with the resident's consent, the prostheses shall be indelibly marked
for identification. A complete oral examination of each resident shall
be conducted by a licensed and currently registered dentist or dental
hygienist within 7 days following completion of the initial
comprehensive assessment t and by a dentist at least annually
thereafter. Based on treatment priorities determined at each time of
examination, an individual plan of continuing oral hygiene and dental
care meeting generally accepted standards of dental and dental hygiene
care and services shall be established, or updated, and carried out for
each resident. If treatment by a dentist is needed, such treatment shall
begin within 30 days of the examination. This shall include arrangements
for transportation when the services of a provider outside the facility
are required. 4 In Wisconsin, every resident shall have a dental examination by a licensed dentist within 6 months after admission unless a dental examination has been performed within 6 months before admission. Subsequent dental health care shall be provided or arranged for the resident as needed. Choice of Dentist [TOP] A few states stipulate that residents should have access to the dentist of their choice (Hawaii, Massachusetts, Minnesota, Rhode Island, and South Carolina, Texas). Some of the wording is illustrated below. 4Hawaii states that “the patient or patient's guardian shall select the dentist of their choice.” [Summarized: July 2006]
Note: If the States in this table are not
hyper-linked, their provisions do not appear to address the topic, and
therefore, do not alter the Federal Regulatory scope. The
Table summarizes content on Administration by State (with a link to each
State's specific language).
Link to a downloadable PDF document
containing all State regulation on Dental Services at the bottom
of the Table. |
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Complete Transcript of State Requirements on Dental Services |
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