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Minutes for HB2545 - Committee on Health and Human Services
Short Title
Defining non-covered dental benefits under health insurance plans.
Minutes Content for Mon, Feb 14, 2022
Kevin Robertson, Executive Director, Kansas Dental Association (KDA), provide testimony in support of HB2545 (Attachment 6). The bill is a compromise language agreed to by Delta Dental of Kansas and the KDA. In 2019, the identical bill was agreed upon by Blue Cross Blue Shield of Kansas, Blue Cross Blue Shield of Kansas City and the National Association of Dental Plans. Kansas law prohibits dental insurance carriers for setting the fee a dentist can charge for services unless the dental carrier covers that service for that patient. HB2545 modifies the definition of "covered services" (KSA40-2,185(a)) which was enacted in 2010. At issue is a loophole insurance carriers have found in the law that allows them to cover all or many dental services for a small or de-minimus rate and then setting the fees that dentist can charge for them while providing no benefit or reimbursement to the insured patient. The practice negatively impacts patient care and interferes with basic free market forces. HB2545 is not an insurance mandate and does not require coverage of certain types of claims, conditions or illness. It requires mutual acceptance of contract changes and prohibits certain language in insurer-provider contracts and eliminates a loophole in statute. The bill does not interfere with the right of willing parties to contract. The bill is the only remedy to the existing insurance code.
Mr. Robertson responded to questions from the committee.
Dr. Allen Reavis, Immediate Past President of the Kansas Dental Association, provided testimony in support of HB2545 (Attachment 7). The law that was passed in 2010 has a loophole that the insurance companies are using unfairly. The insurance companies are covering many services at a fraction of a reasonable fee. This practice creates a negative impact on the patient's care and the choices they make for treatment. This is no more than an effort by the insurance companies to control fees and services that are not in their plan. As it exists, the patient pays a premium for services they expect to be covered at a fair rate. In actuality they never receive a benefit. This bill will allow for more transparency and fairness.
Dr. Jill Jenkins, President of the Kansas Dental Association, provided testimony in support of HB2545 (Attachment 8). As a dental professional, we diagnose the dental needs of our patients and recommend treatment. It is then the doctor-patient relationship to determine what treatment will be provided and the associated costs. If the procedure is not covered by the patient's plan, they understand their responsibility to pay for the services as legislation passed in 2010 for non-covered services provided for. The insurance companies are exploiting a loophole in the law by claiming more services are covered in their plans by reimbursing dentists a small, very minimal fee. The companies can now claim the services as covered and are able to set a top limit on what dentist can charge. Dentists are then required to provide services where the reimbursement does not cover the costs related to providing the service or opt not to eliminate providing the service to the patient. The dentist may also opt to drop the carrier all together. This has a negative impact on the doctor-patient relationship that has been built over the years.
