ISDS Finishes 2024 Legislative Session Championing Successful Initiatives

Jul 30, 2024
The Illinois State Dental Society celebrated a landmark legislative session this year, championing successful initiatives that enhance the practice and access to dental care across our state. Notably, our victories include advancing DIY teeth straightening regulations, safeguarding essential insurance coverage for jaw injuries, and defending against the licensure of dental therapists.

This year, our team worked hard to push forward important policies and tackled tough challenges. We focused on important issues like improving safety protocols for anesthesia, managing how dental offices can offer payment plans, and stopping the introduction of dental therapists. These topics mobilized an unprecedented member response through our action alerts. The involvement of our members was crucial. When we called for action, especially against the licensing of dental therapists, you responded in record numbers, demonstrating your dedication to upholding our profession’s high standards for patient care. 

We are immensely thankful to every member who joined in these efforts. Your active participation helped us secure these wins.

Keep reading below for more information about our legislative session and what it means for our work ahead.

To stay informed about our legislative initiatives, please sign up for our text alerts by texting “toothparty” to 52886.

ISDS Secures Insurance Coverage for Jaw Injury Treatments

This year, ISDS teamed up with a State Senator to push legislation that ensures health insurance companies cover dental implants following a jaw injury. We were alerted of a patient who had cancer in their jaw and needed surgery to rebuild it afterward. Their insurance didn’t want to cover the dental implants they needed, claiming that teeth are just for looks.

ISDS worked hard to pass this law, drafting it, creating a fact sheet, and testifying at hearings.

The new law, starting on January 1, 2026, will require the following of health insurance companies: 

It requires health insurers to cover medically necessary care and treatment for a major jaw injury caused by an accident or disease.

Medically necessary care and treatment include:

  • Oral and facial surgery, including reconstructive services and procedures to improve, restore, or maintain vital functions;
  • Dental implants, crowns, or bridges
  • Prosthetic treatment
  • Orthodontic treatment
  • Prosthodontic

Now that SB 3305 (Senator Fine/Representative Gong-Gershowitz) has passed both the Senate and the House, we’re writing a letter to urge the Governor’s signature on the legislation.

ISDS Wins Extension for Electronic Claims Submission Requirements

This session, the Illinois State Dental Society (ISDS) introduced a law to give dentists more time to start submitting their insurance claims electronically. Initially, all dentists in Illinois were expected to switch to electronic submissions by January 1, 2025. Recognizing the challenges of this deadline, we successfully negotiated to extend it to January 1, 2026.

Over the summer, we’ll meet with key players, including insurance companies and the Illinois Department of Insurance, to further outline the details of this requirement. This will ensure everyone is on the same page and ready for the transition.

HB 5317 (Rita/Syverson) has been signed into law and is now in effect.

ISDS is Cutting the Red Tape by Streamlining the Authorization Process for Dentists

ISDS took action during this session to ensure insurance companies stick to their prior authorizations, which are their preliminary approvals for dental treatments. We introduced a law that says insurance companies must honor these approvals unless certain circumstances change that render the prior authorization invalid. This change helps prevent last-minute denials after patients and dentists believe the costs are covered. We also updated the network leasing law, which can affect which dentists’ patients can see without leaving their network. This law includes requiring insurance companies to mail dentists advanced notice that the insurance company will lease the network. The new legislation would be effective on January 1, 2025.

ISDS will write a letter to the Governor urging his signature of this legislation.

HB 4789 (Morgan/Syverson): Passed the House and the Senate. Now awaits the Governor’s signature.

Dental Loss Ratio (DLR)

In the recent legislative session, the Illinois State Dental Society (ISDS) proposed legislation to set a dental loss ratio in Illinois, which would regulate how much insurance companies need to spend on patient care compared to their premium dollars received. However, this idea faced strong resistance, with over 40 opponents from various industries arguing against it. Because of this significant opposition, we weren’t able to move forward with the legislation at this time, but we will continue advocating for better dental insurance benefits for patients.

HB 4780 (Gong-Gershowitz): Re-referred to the House Rules Committee.

ISDS Facilitates Licensing for Dental Residents

Following significant delays in licensing various professions, including dentistry, ISDS filed legislation to address some licensing issues.

The final legislation that passed does the following:

  • It allows residents to practice in a CODA-approved specialty or residency training program for three months from the start of the residency program until IDFPR issues their license.
  • Clarifies that any license issued while a renewal portal is open will automatically expire during the next renewal cycle.

HB 5059 (Mah/Glowiak Hilton) has been signed into law and is in effect.

ISDS Achieves Patient Protections with DIY Teeth Straightening Legislation

For the third year running, the Illinois State Dental Society (ISDS) has been pushing legislation to regulate direct-to-consumer orthodontic products, ensuring they meet the same high standards as in-person dental care. This law is designed to ensure patients get the same quality of care, undergo thorough examinations, and fully understand the treatments they’re receiving through teledentistry, just like they would in a traditional dentist’s office. ISDS worked on this legislation with the American Association of Orthodontists (AAO).

Despite facing opposition over the last few sessions, our strategy this year involved clarifying our points with new materials, including a video by Dr. Clarence Red explaining the importance of these regulations. Our efforts to communicate these points more clearly included media engagements, news stories, and a radio interview that helped spread the word.

We thank Dr. Randall Markarian and Dr. Larry Osborne, who were instrumental in this process. Dr. Markarian not only testified about the bill but was also a key figure in media discussions and critical negotiations.  Dr. Osborne played a crucial role in reviewing and negotiating the terms of the legislation.

This legislation involved intense discussions and negotiations, but ultimately, our bill passed despite the ongoing resistance. The next steps involve working with the Illinois Department of Financial and Professional Regulation (IDFPR) to develop detailed rules for implementing the law, a process we expect to be challenging due to the existing opposition.

We’re proud of passing this critical legislation, which took three years of effort. It’s a significant win for ensuring that teledentistry provides:

  • Quality Care: Ensures that teledentistry meets in-person care standards, including thorough medical history reviews and x-rays.
  • Proper Examinations: Mandates in-person exams before providing teledentistry services.
  • Informed Choices: This guarantees patients’ rights to file complaints and share experiences.

ISDS is now focusing on getting the Governor’s approval for this law and continuing our discussions to ensure its effective implementation.

SB 2586 (Cunningham/Moeller): Passed the Senate and the House. Now awaits the Governor’s signature.

ISDS Advocates for Improved Medicaid Anesthesia Reimbursements

After a push from U.S. Senator Dick Durbin last summer, improving access to anesthesia services has become a major topic of discussion. One of the most significant issues has been the low Medicaid reimbursement rates for deep sedation dentistry, which meant some children in Southern Illinois had to travel to Chicago for necessary dental procedures.

To address this, the Illinois State Dental Society (ISDS) worked alongside the SIU School of Dental Medicine to advocate for higher Medicaid reimbursement rates. Thanks to our combined efforts, we successfully secured a 33% increase in these rates for both deep sedation and intravenous sedation. This change, which is expected to cost the state about $3.7 million, is included in the final Medicaid Omnibus legislation, SB 3268 (Sen. Aquino and Rep. Gabel).

We are grateful for the partnership with the SIU School of Dental Medicine and are pleased with the positive impact this will have on access to necessary dental care for children across the state.

ISDS Advocates for Clearer Medicaid Orthodontic Eligibility

In Illinois, the guidelines for determining who qualifies for orthodontic coverage are subjective and need to be clear. Recognizing this problem, the Illinois State Dental Society (ISDS) worked during the 2023 legislative session to set clear rules that would automatically determine who is eligible for these services. Throughout the session, we collaborated with the Department of Healthcare and Family Services (DHFS) to craft these new guidelines.

Initially, we planned for these changes to start on January 1, 2024. Unfortunately, early in 2024, DHFS indicated that these changes couldn’t be implemented as planned. In response, ISDS pushed for new legislation to ensure that the agreed-upon updates would be enforced.

Updating the scoring tool to determine eligibility was complex and originally estimated to cost $40 million. However, due to state budget constraints, only $12 million could be allocated for this update in the current state budget.

Over the summer, ISDS will work with DHFS to formally revise the rules to match the additional money allocated within the State budget.  This increase is reflected in the final Medicaid Omnibus legislation, SB 3268 (Aquino/Gabel).

Other 2024 Legislation

ISDS tracked over 45 priority bills, meaning we either took a position or closely monitored them throughout the session. Some of those pieces of legislation are outlined below.

Electronic Prescription Clarity Legislation

The Illinois State Medical Society introduced legislation to address pharmacists’ refusal to fill prescriptions that were not sent to the pharmacy electronically. Additionally, the legislation states that before December 31, 2030, the Department of Financial and Professional Regulation can only issue prescribers in violation of the electronic prescription requirement a non-disciplinary warning letter or citation unless the prescriber fails to abide by the initial non-disciplinary warning letter or citation, has acted in bad faith, or a pattern of practice in violation of this Section occurs.

To further support the Illinois State Medical Society, ISDS will write to the Governor urging his signature on this legislation.

HB 4874 (Avelar/Glowiak Hilton): Passed both the House and Senate. Now awaits the Governor’s signature.

Preserving Dental Standards Against Dental Therapist Licensure

This year, a proposal was introduced that would allow dental therapists in Illinois to perform various dental procedures such as evaluating X-rays, placing space maintainers, performing pulpotomies on primary teeth, and administering medications like nitrous oxide. The initiative, led by the National Coalition of Dentists for Health Equity, aimed to expand dental care services.

The Illinois State Dental Society (ISDS) strongly opposed this legislation due to concerns that it might impact patients’ dental care quality.

Thanks to the active participation of our members, who responded overwhelmingly to our action alert and concerted advocacy efforts, we successfully prevented the legislation from passing this year.

HB 5213 (Jimenez): Referred to House Rules Committee.

Shaping Regulations to Third-Party Financing

In response to a growing trend nationwide, legislation was introduced in Illinois to regulate third-party financing options offered in dental offices. Initially proposed by the Jewish United Fund, this legislation aimed to prevent dental practices from offering, brokering, or establishing deferred interest financial products, like Care Credit, which could complicate patient payment options.

The initial proposal sought to eliminate these deferred interest financing plans. It would have required dentists to provide patients with detailed disclosures and written treatment cost estimates before proceeding with any treatment.

However, the Illinois State Dental Society (ISDS) raised significant concerns about how these restrictions would affect patient access to necessary dental care and the administrative burden on dental offices. After substantial negotiations and discussions addressing these concerns, the final legislation was significantly revised to focus specifically on practices that could lead to conflicts of interest or reduce transparency.

The finalized rules now prohibit the following:

  • Dentists or their employees from filling out financing applications on behalf of patients.
  • Submission of these applications by dental office staff.
  • Providing patients with electronic devicesto fill out financing applications.
  • Dental staff are prohibited from promoting or advertising third-party financing during patient treatments or in sensitive settings, such as when under anesthesia.

Thanks to these efforts, the final legislation aims to protect patients while maintaining access to care, leading ISDS and the coalition to adopt a neutral stance on the amended bill.

HB 4891 (Croke/Feigenholtz): Passed both the House and Senate. 

Dental Licensure Compact Discussions Continue

This year, the Illinois Dental Hygienists' Association supported an attempt to introduce the Dentist and Dental Hygiene Licensure Compact in Illinois. This legislation aims to streamline the licensing process for dentists and dental hygienists.

The Illinois State Dental Society (ISDS) remained actively focused on addressing issues related to delays in licensing by the Illinois Department of Financial and Professional Regulation (IDFPR).

The legislation did not advance during this legislative session.

HB 4579 (Lilly): Re-referred to House Rules Committee. 

SB 2982 (Edly-Allen): Re-referred to Senate Assignments Committee.

ISDS Opposes Licensing of Denturists

This year, proposed amendments to the Illinois Dental Practice Act aimed to establish a licensing framework for denturists through the Department of Financial and Professional Regulation. These amendments detailed qualifications, application processes, and examinations and proposed the creation of a new Board of Dental Technology.

ISDS opposed this legislation due to patient safety concerns. The legislation did not progress to a committee vote this session.

HB 2912 (Yednock): Re-referred to the House Rules Committee.

Balancing Practice Viability with Far-Reaching Prescription Monitoring Expansions

In this legislative session, the Illinois Department of Human Services proposed expanding the Illinois Prescription Monitoring Program (ILPMP) to include all controlled substances, which would have made it mandatory for all controlled substance license holders to maintain an ILPMP account for licensure and license renewal.

The Illinois State Dental Society (ISDS) opposed the legislation, recognizing the potential burden this could place on healthcare providers. The licensure and renewal processes are already complex, and adding another layer—requiring an ILPMP account—could further complicate them. Many ISDS members have reported difficulties registering for and accessing the ILPMP system, with some waiting weeks for assistance from the Department of Human Services (DHS). These challenges prompted ISDS to intervene frequently on behalf of our members to facilitate communication with DHS.

In collaboration with the Illinois State Medical Society, our lobbying team met with the bill’s sponsor to express our concerns. Despite our efforts, the bill, SB 3701, was ultimately re-referred to Senate Assignments and did not progress further in this session, reflecting our combined opposition and the concerns about the proposed changes' feasibility.

SB 3701 (Ellman): Re-referred to Senate Assignments.

Collaboration Leads to Updated Dental Sedation Permit Rules

Previously, the Illinois Department of Financial and Professional Regulation (IDFPR) had proposed law changes that required dentists applying for moderate sedation permits to document 20 cases of intravenous sedation. This requirement has been problematic for some specialists seeking these permits.

Overall, the proposed law changes outlined the following four changes:

1.)   Allow dental anesthesiologists to become licensed and advertise appropriately.

2.)   Clarifies that applicants who are applying for moderate sedation permits must submit 20 cases of intravenous sedation to IDFPR.

3.)   Eliminated all weekend anesthesiology courses as a training option for individuals who would like to obtain a moderate sedation permit.

4.)   Subject Permit A holders to periodic inspections and evaluations.

After a thorough review, the ISDS shared its comments to IDFPR on four critical aspects of the proposed rule:

  • We emphasized the need for more precise rules regarding how dental anesthesiologists can advertise and obtain licenses.
  • We advocated for these rules to align with current teaching standards set by CODA and ADA for moderate sedation. We also recommend accepting various methods of administering sedation for the required cases.
  • Establishing a pathway for general dentists to receive training in moderate sedation is essential.
  • We suggested the removal of the provision for periodic inspections until further discussions can be held between ISDS and IDFPR.

In response to these proposed rules, the Illinois Society of Pediatric Dentists (ISPD) pushed for legislation to amend the existing requirements and the rules. ISDS raised concerns that the proposed legislation could restrict training opportunities and limit qualifications needed for obtaining sedation permits. ISDS communicated our concerns to ISPD.

A critical meeting facilitated by the bill’s sponsor involved lengthy discussions between IDFPR, ISPD, and ISDS representatives, where ISDS proposed compromise language that considered multiple routes of sedation administration. All involved parties eventually accepted this compromise. 

The resulting legislation clearly defines moderate and deep sedation and general anesthesia and delineates the certification pathways for specialists and general dentists. It also mandates that IDFPR develop additional training and safety standards for dental offices providing anesthesia.

This collaborative effort highlights ISDS’s commitment to ensuring the safe and qualified administration of anesthesia in dental practices, balancing regulatory requirements with practical application in the dental field.

SB 2822 (Morrison) has officially become law and is now Public Act 103-0628.