Legislation We’re Focused On
Learn about the legislation introduced by the MDS on Beacon Hill that would impact you, your dental practice, and the oral health of the residents of the Commonwealth. Additionally, obtain information on legislation that the Society supports or opposes. If you have questions about the legislative agenda, contact advocacy@massdental.org.
Sponsored Legislation
In this legislative cycle, the MDS introduced three pieces of legislation.
Please download the following linked documents, provided by the MDS Government Affairs Committee, to assist you when discussing the MDS legislative agenda (specifically H.1291 and H.1292) with elected officials.
S.704: Act relative to the use of virtual credit cards by dental insurance providers (Sponsored by Senator John Cronin) Joint Committee on Financial Services
Virtual Credit Cards (VCCs) are digital credit cards that function similarly to physical credit cards. Insurance companies often use these cards 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.
Issue Card Virtual Credit CardsUpdate 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 better understand the Patients First Act and convey members’ questions and concerns regarding compliance with the law, should it be enacted.
The MDS will provide members with an update as soon as any further information becomes available. Please do not hesitate to contact advocacy@massdental.org with any questions.
H.1291: An Act further clarifying the delivery of health care (sponsored by Representative Angelo Puppolo), Joint Committee on Financial Services
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, it is being applied to dental care. The Massachusetts Dental Society holds the opinion that this inclusion was an unintended consequence of the original legislation. As of January 1, 2025, the implementation of the Patients First Act 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.
Issue Card Patients First ActH.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 set reimbursement fees, even for services that they 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.
Issue Card Non-Covered ServicesLegislation Supported by the MDS
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 comprehensive healthcare reform bill in response to recent issues surrounding Steward Healthcare in the state. This bill has an unintended consequence of creating an additional layer of bureaucracy, as the Massachusetts Health Policy Commission would review reporting and fees already handled by the Board of Registration in Dentistry. Filed by the Massachusetts Society for Oral and Maxillofacial Surgeons (MSOMS).
Issue Card Office-Based Surgical CentersH.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 patients 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 as both dental and rehabilitative care associated with head and neck cancer within the state. (filed by Representative Paul McMurtry) 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 entirely 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.
See testimony on that legislation.