What This Bill Does
This bill adds coverage for dental, vision, and hearing services to Medicare and Medicaid. It allows Medicare to pay for services like cleanings, eye exams, and hearing aids. It also increases federal funding for states that cover these services through Medicaid.
##
Who It Affects
- Medicare beneficiaries (people age 65 and older, some younger people with disabilities)
- Medicaid beneficiaries (low-income individuals, except those under 21 who already receive certain services)
- State governments administering Medicaid
- Dentists, optometrists, audiologists, and other healthcare providers
##
Key Provisions
- Medicare covers dental and oral health services including cleanings, fillings, root canals, extractions, and emergency dental care (Sec. 2(b))
- Medicare covers vision services including routine eye exams and procedures to check the focusing state of eyes (Sec. 3(b))
- Medicare covers hearing services including routine hearing exams and exams for hearing aids (Sec. 4(a)(2))
- Medicare payment for these services starts at 0 percent of costs in year one, increases by 10 percentage points each year for seven years, then reaches 80 percent coverage by year eight (Sec. 2(c)(2), Sec. 3(c)(2), Sec. 4(b)(2))
- Medicare limits routine dental cleanings to two per 12-month period and routine eye exams to one per 12-month period (Sec. 2(c)(3)(A), Sec. 3(c)(3)(A))
- States receive a 90 percent federal funding match for covering these services to Medicaid beneficiaries age 21 and older (Sec. 5)
##
What Changes
If this bill becomes law, Medicare begins covering dental work, eye care, and hearing services that are currently excluded. These services were previously not allowed under Medicare rules. Coverage gradually increases over seven years rather than starting immediately at full levels.
For Medicaid, states receive higher federal funding to help pay for these same services for eligible adults.
The bill removes previous legal prohibitions (called "grounds for exclusion") that prevented Medicare from covering these services.
##
Important Definitions
**Dental and oral health services** include routine cleanings and exams, fillings and crowns, root canals and extractions, emergency dental care, and other services related to dental or oral health as defined by the Secretary of Health and Human Services
**Vision services** include routine eye exams and procedures to determine the focusing state of the eyes, plus other necessary services related to eye and vision health
**Hearing services** include routine hearing exams, exams for hearing aids, and other necessary services related to hearing health
**Low vision device** means a device prescribed by a physician that magnifies, enhances, or otherwise augments or interprets visual images, excluding ordinary eyeglasses or contact lenses
**FMAP** (Federal Medical Assistance Percentage) means the share of Medicaid costs that the federal government pays for
##
Effective Date
Services become covered on January 1 of the first year beginning at least six months after the bill is signed into law (Sec. 2(g), Sec. 3(h), Sec. 4(e), Sec. 5)
II
118TH CONGRESS
1ST SESSION
S. 842
To amend titles XVIII and XIX of the Social Security Act to provide for
coverage of dental and oral health services, vision services, and hearing
services under the Medicare and Medicaid programs.
IN THE SENATE OF THE UNITED STATES
MARCH 16, 2023
Mr. CASEY (for himself, Mr. CARDIN, Mr. BROWN, Mr. BLUMENTHAL, Mr.
FETTERMAN, and Mr. WELCH) introduced the following bill; which was
read twice and referred to the Committee on Finance
A BILL
To amend titles XVIII and XIX of the Social Security Act
to provide for coverage of dental and oral health services,
vision services, and hearing services under the Medicare
and Medicaid programs.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Medicare and Medicaid
4
Dental, Vision, and Hearing Benefit Act of 2023’’.
5
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•S 842 IS
SEC. 2. DENTAL AND ORAL HEALTH SERVICES UNDER
1
MEDICARE.
2
(a) COVERAGE.—Section 1861(s)(2) of the Social Se-
3
curity Act (42 U.S.C. 1395x(s)(2)) is amended—
4
(1) in subparagraph (II), by striking ‘‘and’’
5
after the semicolon at the end;
6
(2) in subparagraph (JJ), by adding ‘‘and’’
7
after the semicolon at the end; and
8
(3) by adding at the end the following new sub-
9
paragraph:
10
‘‘(KK) dental and oral health services (as de-
11
fined in subsection (nnn));’’.
12
(b) DENTAL
AND ORAL HEALTH SERVICES DE-
13
FINED.—Section 1861 of the Social Security Act (42
14
U.S.C. 1395x) is amended by adding at the end the fol-
15
lowing new subsection:
16
‘‘Dental and Oral Health Services
17
‘‘(nnn) The term ‘dental and oral health services’
18
means—
19
‘‘(1) routine dental cleanings and exams;
20
‘‘(2) basic dental services, such as fillings and
21
crowns;
22
‘‘(3) major dental services, such as root canals,
23
and extractions;
24
‘‘(4) emergency dental care; and
25
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‘‘(5) other necessary services related to dental
1
or oral health (as defined by the Secretary).’’.
2
(c) PAYMENT; COINSURANCE; AND LIMITATIONS.—
3
(1) IN GENERAL.—Section 1833(a)(1) of the
4
Social Security Act (42 U.S.C. 1395l(a)(1)) is
5
amended—
6
(A) by striking ‘‘and’’ before ‘‘(HH)’’; and
7
(B) by inserting before the semicolon at
8
the end the following: ‘‘, and (II) with respect
9
to dental and oral health services (as defined in
10
section 1861(nnn)), the amount paid shall be
11
the payment amount specified under section
12
1834(aa)’’.
13
(2) PAYMENT AND LIMITS SPECIFIED.—Section
14
1834 of the Social Security Act (42 U.S.C. 1395m)
15
is amended by adding at the end the following new
16
subsection:
17
‘‘(aa) PAYMENT AND LIMITS FOR DENTAL AND ORAL
18
HEALTH SERVICES.—
19
‘‘(1) IN
GENERAL.—The payment amount
20
under this part for dental and oral health services
21
(as defined in section 1861(nnn)) shall be, subject to
22
paragraph (3), the applicable percent (specified in
23
paragraph (2)) of the lesser of the actual charge for
24
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•S 842 IS
the services or the amount determined under the
1
payment basis determined under section 1848.
2
‘‘(2) APPLICABLE PERCENT.—For purposes of
3
paragraph (1), the applicable percent specified in
4
this paragraph is—
5
‘‘(A) for the first year beginning at least 6
6
months after the date of the enactment of this
7
subsection, 0 percent;
8
‘‘(B) for the year following the year speci-
9
fied in subparagraph (A) and each subsequent
10
year through the seventh year following the
11
year specified in subparagraph (A), the applica-
12
ble percent specified in this paragraph for the
13
previous year increased by 10 percentage
14
points; and
15
‘‘(C) for the eighth year following the year
16
specified in subparagraph (A) and each subse-
17
quent year, 80 percent.
18
‘‘(3) LIMITATIONS AND SECRETARIAL AUTHOR-
19
ITY.—
20
‘‘(A) FREQUENCY.—With respect to dental
21
and oral health services that are—
22
‘‘(i) routine dental cleanings, payment
23
may be made under this part for only two
24
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•S 842 IS
such cleanings during a 12-month period;
1
and
2
‘‘(ii) routine exams, payment may be
3
made under this part for only two such
4
exams during a 12-month period.
5
‘‘(B) SECRETARIAL AUTHORITY.—
6
‘‘(i) AUTHORITY
TO
APPLY
ADDI-
7
TIONAL LIMITATIONS.—The Secretary may
8
apply such other reasonable limitations on
9
the extent to which dental and oral services
10
are covered under this part, including
11
through application of a prior authoriza-
12
tion requirement.
13
‘‘(ii) AUTHORITY
TO
MODIFY
COV-
14
ERAGE.—Notwithstanding any other provi-
15
sion of this title, if the Secretary deter-
16
mines appropriate, the Secretary may mod-
17
ify the coverage under this part of dental
18
and oral health services to the extent that
19
such modification is consistent with the
20
recommendations of the United States Pre-
21
ventive Services Task Force.’’.
22
(d) PAYMENT UNDER PHYSICIAN FEE SCHEDULE.—
23
Section 1848(j)(3) of the Social Security Act (42 U.S.C.
24
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•S 842 IS
1395w–4(j)(3)) is amended by inserting ‘‘(2)(KK),’’ be-
1
fore ‘‘(3)’’.
2
(e) DENTURES.—
3
(1) IN
GENERAL.—Section 1861(s)(8) of the
4
Social Security Act (42 U.S.C. 1395x(s)(8)) is
5
amended—
6
(A) by striking ‘‘(other than dental)’’ and
7
inserting ‘‘(including dentures)’’; and
8
(B) by striking ‘‘internal body’’.
9
(2)
SPECIAL
PAYMENT
RULES.—Section
10
1834(a) of the Social Security Act (42 U.S.C.
11
1395m(a)) is amended by adding at the end the fol-
12
lowing new paragraph:
13
‘‘(23) PAYMENT AND LIMITS FOR DENTURES.—
14
‘‘(A) IN GENERAL.—The payment amount
15
under this part for dentures shall be, subject to
16
subparagraph (C), the applicable percent (speci-
17
fied in subparagraph (B)) of the amount other-
18
wise payable for such dentures under this sec-
19
tion.
20
‘‘(B) APPLICABLE
PERCENT.—For pur-
21
poses of subparagraph (A), the applicable per-
22
cent specified in this subparagraph is—
23
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•S 842 IS
‘‘(i) for the first year beginning at
1
least 6 months after the date of the enact-
2
ment of this paragraph, 0 percent;
3
‘‘(ii) for the year following the year
4
specified in clause (i) and each subsequent
5
year through the seventh year following the
6
year specified in clause (i), the applicable
7
percent specified in this subparagraph for
8
the previous year increased by 10 percent-
9
age points; and
10
‘‘(iii) for the eighth year following the
11
year specified in clause (i) and each subse-
12
quent year, 80 percent.
13
‘‘(C) LIMITATIONS AND SECRETARIAL AU-
14
THORITY.—
15
‘‘(i) IN GENERAL.—Payment may be
16
made under this part for an individual
17
for—
18
‘‘(I) not more than one full upper
19
and one full lower denture once every
20
five years; and
21
‘‘(II) not more than one partial
22
upper denture and one partial lower
23
denture once every five years.
24
‘‘(ii) SECRETARIAL AUTHORITY.—
25
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•S 842 IS
‘‘(I) AUTHORITY TO APPLY ADDI-
1
TIONAL LIMITATIONS.—The Secretary
2
may apply such other reasonable limi-
3
tations on the extent to which den-
4
tures are covered under this part, in-
5
cluding through application of a prior
6
authorization requirement.
7
‘‘(II) AUTHORITY
TO
MODIFY
8
COVERAGE.—Notwithstanding
any
9
other provision of this title, if the Sec-
10
retary determines appropriate, the
11
Secretary may modify the coverage
12
under this part of dentures to the ex-
13
tent that such modification is con-
14
sistent with the recommendations of
15
the United States Preventive Services
16
Task Force.’’.
17
(f) REPEAL OF GROUND FOR EXCLUSION.—Section
18
1862(a) of the Social Security Act (42 U.S.C. 1395y) is
19
amended by striking paragraph (12).
20
(g) EFFECTIVE DATE.—The amendments made by
21
this section shall apply to services furnished on or after
22
January 1 of the first year beginning at least six months
23
after the date of the enactment of this Act.
24
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•S 842 IS
SEC. 3. VISION SERVICES UNDER MEDICARE.
1
(a) COVERAGE.—Section 1861(s)(2) of the Social Se-
2
curity Act (42 U.S.C. 1395x(s)(2)), as amended by section
3
2(a), is amended—
4
(1) in subparagraph (JJ), by striking ‘‘and’’
5
after the semicolon at the end;
6
(2) in subparagraph (KK), by adding ‘‘and’’
7
after the semicolon at the end; and
8
(3) by adding at the end the following new sub-
9
paragraph:
10
‘‘(LL) vision services (as defined in subsection
11
(mmm));’’.
12
(b) VISION SERVICES DEFINED.—Section 1861 of
13
the Social Security Act (42 U.S.C. 1395x), as amended
14
by section 2(b), is amended by adding at the end the fol-
15
lowing new subsection:
16
‘‘Vision Services
17
‘‘(ooo) The term ‘vision services’ means—
18
‘‘(1) routine eye examinations and procedures
19
performed (during the course of any eye examina-
20
tion) to determine the refractive state of the eyes;
21
and
22
‘‘(2) other necessary services related to eye and
23
vision health (as defined by the Secretary).’’.
24
(c) PAYMENT; COINSURANCE; AND LIMITATIONS.—
25
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•S 842 IS
(1) IN GENERAL.—Section 1833(a)(1) of the
1
Social Security Act (42 U.S.C. 1395l(a)(1)), as
2
amended by section 2(c)(1), is amended—
3
(A) by striking ‘‘and’’ before ‘‘(II)’’; and
4
(B) by inserting before the semicolon at
5
the end the following: ‘‘, and (JJ) with respect
6
to vision services (as defined in section
7
1861(mmm)), the amount paid shall be the
8
payment
amount
specified
under
section
9
1834(bb)’’.
10
(2) PAYMENT AND LIMITS SPECIFIED.—Section
11
1834 of the Social Security Act (42 U.S.C. 1395m),
12
as amended by section 2(c)(2), is amended by add-
13
ing at the end the following new subsection:
14
‘‘(bb) PAYMENT
AND LIMITS
FOR VISION SERV-
15
ICES.—
16
‘‘(1) IN
GENERAL.—The payment amount
17
under this part for vision services (as defined in sec-
18
tion 1861(mmm)) shall be, subject to paragraph (3),
19
the applicable percent (specified in paragraph (2)) of
20
the lesser of the actual charge for the services or the
21
amount determined under the payment basis deter-
22
mined under section 1848.
23
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•S 842 IS
‘‘(2) APPLICABLE PERCENT.—For purposes of
1
paragraph (1), the applicable percent specified in
2
this paragraph is—
3
‘‘(A) for the first year beginning at least 6
4
months after the date of the enactment of this
5
subsection, 0 percent;
6
‘‘(B) for the year following the year speci-
7
fied in subparagraph (A) and each subsequent
8
year through the seventh year following the
9
year specified in subparagraph (A), the applica-
10
ble percent specified in this paragraph for the
11
previous year increased by 10 percentage
12
points; and
13
‘‘(C) for the eighth year following the year
14
specified in subparagraph (A) and each subse-
15
quent year, 80 percent.
16
‘‘(3) LIMITATIONS AND SECRETARIAL AUTHOR-
17
ITY.—
18
‘‘(A) FREQUENCY.—With respect to rou-
19
tine eye exams, payment may be made under
20
this part for only one such exam during a 12-
21
month period.
22
‘‘(B) SECRETARIAL AUTHORITY.—
23
‘‘(i) AUTHORITY
TO
APPLY
ADDI-
24
TIONAL LIMITATIONS.—The Secretary may
25
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•S 842 IS
apply other reasonable limitations on the
1
extent to which vision services are covered
2
under this part, including through applica-
3
tion of a prior authorization requirement.
4
‘‘(ii) AUTHORITY
TO
MODIFY
COV-
5
ERAGE.—Notwithstanding any other provi-
6
sion of this title, if the Secretary deter-
7
mines appropriate, the Secretary may mod-
8
ify the coverage under this part of vision
9
services to the extent that such modifica-
10
tion is consistent with the recommenda-
11
tions of the United States Preventive Serv-
12
ices Task Force.’’.
13
(d) PAYMENT UNDER PHYSICIAN FEE SCHEDULE.—
14
Section 1848(j)(3) of the Social Security Act (42 U.S.C.
15
1395w–4(j)(3)), as amended by section 2(d), is amended
16
by inserting ‘‘(2)(LL),’’ after ‘‘(2)(KK),’’.
17
(e) SPECIAL PAYMENT RULES
FOR EYEGLASSES,
18
CONTACT LENSES, AND LOW VISION DEVICES.—Section
19
1834(a) of the Social Security Act (42 U.S.C. 1395m(a)),
20
as amended by section 2(e)(2), is amended by adding at
21
the end the following new paragraphs:
22
‘‘(24) PAYMENT AND LIMITS FOR EYEGLASSES
23
AND CONTACT LENSES.—
24
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•S 842 IS
‘‘(A) IN GENERAL.—The payment amount
1
under this part for eyeglass lenses, eyeglass
2
frames, and contact lenses shall be, subject to
3
subparagraph (C), the applicable percent (speci-
4
fied in subparagraph (B)) of the amount other-
5
wise payable for such eyeglass lenses, eyeglass
6
frames, and contact lenses, respectively, under
7
this section.
8
‘‘(B) APPLICABLE
PERCENT.—For pur-
9
poses of subparagraph (A), the applicable per-
10
cent specified in this subparagraph is—
11
‘‘(i) for the first year beginning at
12
least 6 months after the date of the enact-
13
ment of this paragraph, 0 percent;
14
‘‘(ii) for the year following the year
15
specified in clause (i) and each subsequent
16
year through the seventh year following the
17
year specified in clause (i), the applicable
18
percent specified in this subparagraph for
19
the previous year increased by 10 percent-
20
age points; and
21
‘‘(iii) for the eighth year following the
[Text truncated for display. Full text available on Congress.gov.]