Legislative Action
Learn about the status of legislation introduced on Beacon Hill that would impact you, your dental practice, and the oral health of the residents of the Commonwealth. Question? Contact advocacy@massdental.org.
2025-2026 Legislative Agenda
Virtual Credit Cards (VCC) are digital credit cards that function like physical credit cards. These cards are often used by insurance companies to simplify payment processes between themselves and dental practices. However, VCCs add to the financial challenges that dentists already face. including but not limited to merchant and transaction fees.
This bill would require that a dentist (provider) opt-in to receive payment via virtual credit cards once all associated fees have been disclosed. An insurance carrier can ONLY pay a provider in this manner once they have opted in and agreed to receive said payments in this form.
The Massachusetts Dental Society (MDS) Government Affairs Committee is providing MDS members with the following documents—Dental Coverage by the Numbers, Cost Shifting Information, and 2022 DOI Report—to assist when discussing the legislative agenda (specifically HD.805 and HD.806) with elected officials.
This legislation, a refile of house Bill 1123 (2023-2024), clarifies that the 2022 Patients First Act requiring advance disclosure of the cost of medical procedures—with $2,500/incident fines by the DPH— “shall not apply to any provider licensed to practice dentistry.” The Patients First Act was passed in 2020, and unlike the federal No Surprise Billing Act, is being applied to dental care. It is the opinion of the Massachusetts Dental Society that this inclusion was an unintended consequence of the original legislation. As of January 1, 2025, the Patients First Act implementation was delayed until January 1, 2027.
Apart from legislative action, the Government Affairs Director has been working closely with the Executive Office of Health and Human Services regarding the questions and concerns our members have raised about this law.
Non-Covered Services. H.1292 An Act relative to financial services contracts for dental benefits corporations (Sponsored by Rep. Angelo Puppolo) Joint Committee on Financial Services
This legislation is a redraft of House Bill 1122 (2023-2024). Under current Massachusetts law, dental benefits companies can fix reimbursement fees, even for services that dental benefits companies do not actually reimburse (i.e., tooth whitening, veneers, and/or other cosmetic procedures). This price cap is unfair, unjustified, and unduly forces dentists to shift costs to private-pay patients who are, disproportionately, young people, seniors, and working families whose employers don’t offer dental plans.
The 2025 version of this bill reflects “non-covered services” language that has been adopted in more than 30 other states, has been approved by the National Association of Insurance Legislators (NCOIL), and is in line with the American Dental Association (ADA) policy on covered services.
LEGISLATION SUPPORTED BY THE MDS
Healthcare Reform Inclusion Opposition. H.2382 An Act relative to office-based surgical centers (Sponsored by Representative Tackey Chan) Joint Committee on Public Health
This bill was filed by the Massachusetts Society of Oral and Maxillofacial Surgeons (MSOMS) with support from the Massachusetts Dental Society (MDS). In late 2024, the Massachusetts legislature passed a sweeping healthcare reform bill in response to recent issues surrounding Steward Healthcare in Massachusetts. This bill has an unintended consequence of creating an additional layer bureaucracy with the review by the Massachusetts Health Policy Commission of reporting and fees already handled by the Board of Registration in Dentistry. Filed by the Massachusetts Society for Oral and Maxillofacial Surgeons (MSOMS).
H.1258: An Act requiring coverage of medically necessary, oral and dental care for head and neck cancer survivors and H.1257: An Act relative to ensuring treatment for genetic craniofacial conditions. The Massachusetts Dental Society is once again supporting these two important bills which seek to expand insurance coverage for cancer survivors and patents seeking treatment for certain genetic conditions. These bills would require insurance policies in Massachusetts to offer comprehensive coverage for medically necessary functional repairs or restorations of craniofacial disorders resulting from congenital diseases or anomalies as well both dental and rehabilitative care associated with head and neck cancer within the state. (Filed by Representative Paul McMurty) Joint Committee on Financial Services
LEGISLATION OPPOSED BY THE MDS
H.1262 An Act relative to dental insurance (Sponsored by Rep. Paul McMurtry) Joint Committee on Financial Services
This bill proposes several significant changes to Chapter 176X of the General Laws (Dental Loss Ratio Law, achieved through ballot initiative in 2022). The changes outlined in this legislation completely undermine the original intent of the ballot question and the regulations approved by the Division of Insurance in response to the ballot measure.
H.2548 An Act banning artificial fluoridation schemes (Sponsored by Rep. Justin Thurber) Joint Committee on Public Health
This bill proposes an amendment to Chapter 111 of the General Laws by revamping Section 8C. The primary focus of this legislative change is to prohibit the Commonwealth of Massachusetts from augmenting fluoride levels in municipal water systems through the application of fluoridation water additives. If this bill is enacted, no municipal water supply in Massachusetts would be permitted to alter its natural fluoride concentration using external fluoridation substances.
2024 Wins and Updates
PLEASE NOTE: Although the passage of these laws is a “win” for dentists and patients in Massachusetts, the work is not over. The bills instructed the State what to do; however, the State still needs to promulgate the rules and regulations that will put the new laws into use. A law does not take effect until this sometimes lengthy process has been completed. In the meantime, we ask that people refrain from contacting the Board of Registration in Dentistry (BORID) regarding these pending laws, as they cannot provide any assistance until the final regulations are in place. The MDS will closely monitor the process and provide input to the State when appropriate. We will keep members informed as the process progresses.
Dental Hygienist Reciprocal Licensure—SIGNED INTO LAW JANUARY 2025
An Act relative to dental hygienist reciprocal licensure | H.4842 (formerly H.3880)
This bill was signed by the Governor of Massachusetts in on January 10, 2025. In response to the growing shortage of hygienists, Representative Tackey Chan and MDS President Dr. Abe Abdul, worked hand in hand to craft legislation that expands the oral health workforce. This law provides a responsible and safe pathway for foreign-trained dentists to practice dental hygiene in Massachusetts. It’s a solution that protects access to care, ensures practices are adequately staffed, and extends opportunity to immigrant communities who are integral to the fabric of our state.
Dentist Diversion Program—SIGNED INTO LAW DECEMBER 2024
An Act establishing a dentist diversion program | H.300
Governor Maura Healey has signed into law H.5143, An Act Relative to Treatments and Coverage for Substance Use Disorder and Recovery Coach Licensure (which included language from bill H.300). This landmark legislation includes provisions to establish a dental diversion program within the Bureau of Health Professionals Licensure (BHPL), which oversees both the Massachusetts Board of Registration in Dentistry (BORID) and the Unified Recovery and Monitoring Program (URAMP) a key initiative first introduced through House Bill 300.
Healthcare Reform Legislation “Steward Healthcare Bill”
At the eleventh hour, the legislature also passed, and the Governor signed, a health care reform bill which we have previously referred to as the Steward Healthcare Bill. During active debate, both the MDS and the Massachusetts Society of Oral and Maxillofacial Surgeons (MSOMS) worked tirelessly to correct what was perceived as an unintended consequence of including dental care in the bill.
Although the final bill does not explicitly exclude dental care, the language remains ambiguous as to the exact impact it may have on members. In conjunction with MSOMS, our lobbyists at Issues Management and our attorney are closely monitoring how the respective state agencies will interpret this law. We expect there will be regulatory hearings prior to implementation which would present us with additional opportunities to voice our objections. Additionally, MSOMS has filed legislation with the support of the MDS to exclude dental care from the law—should this be the only option available (see below).
New DLR Regulation
Dental Loss Ratio (DLR), sometimes referred to as Medical Loss Ratio (MLR), ensures that dental plans are more transparent and accountable to the patients they serve. This regulation requires dental insurance companies to spend at least 83% of patient premium dollars on patient care. After winning a landslide victory at the ballot box in November 2022, the legislation was passed into law on April 12, 2024, and dental insurers will begin reporting their data to the Massachusetts Department of Insurance (DOI) in 2025.
Patients First Bill Update 12.04.24—DELAYED
On Wednesday, December 4, 2024, Massachusetts Governor Maura Healey signed House Bill 5077, which, thanks in part to the advocacy of the Massachusetts Dental Society (MDS) and our colleagues at the Massachusetts Medical Society (MMS), included provisions that will delay the enactment of the Patients First Act until 2027!
This delay will provide the MDS with additional time to advocate on behalf of its members in opposition to the law's inclusion of dental care providers. This effort will entail a two-pronged approach:- The MDS will file legislation again in 2025 aimed at excluding dental care from the provisions of the Patients First Act if/when it is enacted and enforced in 2027.
- The MDS Government Affairs staff will continue to work with the Massachusetts Department of Public Health to understand the Patients First Act better and convey members' questions and concerns regarding compliance with the law should it be enacted.