Legislative Tracking Update – Dental Loss Ratio Passes in Three States and Stalls in Others

By Catherine French and Michael Dobrow

Since the AAE's last update in March, state lawmakers in Colorado, Nevada, and New Mexico have passed legislation addressing Dental Loss Ratios (DLR). With SB23-179, Colorado created greater transparency in dental insurance billing for patients and consumers.

Beginning in 2024, health insurance carriers selling, renewing, or offering dental coverage plans in Colorado will be required to file dental loss ratio forms with the division of insurance for the previous calendar year. The state’s all-payer health claims database (APCD) administrator is required to post the dental loss ratio information on the division’s website. Information submitted to the APCD administrator must be made public once the administrator accepts it.

After two years of collecting dental loss ratio information, the commissioner of insurance is required to promulgate rules that establish a process for identifying carriers whose dental loss ratios significantly deviate from e and investigating the reasons for the deviation.

Lawmakers in Nevada also passed a proposal requiring dental payers to spend at least 75 percent of premium revenue on dental care. It was signed into law by the Governor Joe Lombardo on June 1.  

Under New Mexico’s SB17: the insured must obtain a prior authorization for dental coverage under the New Mexico Health Care Purchasing Act. Group coverage, including self-insurance, that offers a dental plan shall establish policies and procedures for payment recovery and pay providers directly.

Last year, voters in Massachusetts passed DLR by ballot initiative and AAE anticipates the Massachusetts legislature to reveal its proposed rules for payers this fall. The AAE celebrates the legislative wins in Mass., Colo., and N.M., but despite its best efforts, similar measures have failed in four other states. Other bills continue to move through their state assembly’s legislative processes.

State	Actions	Legislative Session End Date
Arizona:	SB1302 failed to move from the Finance Committee	April 18, 2023   Currently, no indication the bill will be resubmitted for consideration in the 2024 legislative session.
California:	A proposal to reform California’s existing DLR laws, AB952, is supported by the AAE and has included a letter from Past President Dr. Stefan I. Zweig that encourages the state’s legislative leaders to act on this bill.   Thus far, the bill has passed the House (Assembly) and is awaiting action in the Senate.	09-15-2023
Connecticut:	Dr. Zweig reached out to Connecticut legislators to ask for their support of HB5813 – unfortunately, the bill seems unlikely to pass during the state’s current legislative schedule.	6-7-23
Illinois:	HB2070 and SB1287 were endorsed by the Illinois State Dental Society- whom the AAE consulted with.   With the 2023 Legislative session ending soon, neither is expected to pass out of their respective chambers before the General Assembly’s 2023 closes.	TBD
Kentucky:	With one of the shortest Legislative sessions in 2023, BR820 (HB154)  failed to pass this year.	03-30-23   Currently, no indication the bill will be resubmitted for consideration in the 2024 legislative session.
Montana:	Although introduced in February, SB415 stalled in Committee, and did not come to fruition before the close of the 2023 session.	04-25-23   Currently, no indication the bill will be resubmitted for consideration in the 2024 legislative session.
Oklahoma:	HB1694 was unanimously passed in the House but failed in the Senate’s Committee on Retirement and Insurance.	05-26-23
West Virginia	The AAE collaborated with the West Virginia Dental Association to advance HB 2604/SB290, including a personal letter from Dr Zweig to state legislative leaders, urging their support of this bill.   Unfortunately, the measure failed to pass in the House.	March 11, 2023     Currently, no indication the bill will be resubmitted for consideration in the 2024 legislative session.
New York	Introduced S7013 on May 16, 2023. Currently in Senate Insurance Committee.	June 16, 2023

In addition, oral health bills as well as dental insurance issues outside of DLR are being considered in:

Minnesota
New Hampshire
Oregon
Rhode Island
Wisconsin

For specific bill information, please visit aae.org/advocacy or contact advocacy@aae.org to get more involved in Endodontic advocacy in your state!

Catherine French is the AAE's associate executive director of advocacy and professional affairs, and Michael Dobrow is the AAE's advocacy manager.