Effective January 1, 2015, Chapter 239 of the Laws of 2013 (Chapter 239) amended the Education Law to provide greater access to New Yorkers to important dental health services, including, but not limited to, teeth cleaning, fluoride applications, varnishes, sealants, x-rays and patient education, by allowing dental hygienists working for hospitals as defined by Article 28 of the Public Health Law (Article 28 hospital), pursuant to a collaborative arrangement with a licensed and registered dentist, who has a formal relationship with the same hospital. An Article 28 hospital includes hospitals, hospital-based dental clinics, local health department dental clinics, and nursing homes overseen by the New York State Department of Health.
The Board of Regents adopted an amendment to section 61.9 of the Regulations of the Commissioner of Education, effective January 1, 2015, to implement Chapter 239, which can be found at: Part 61, Dentistry, Dental Hygiene, and Certified Dental Assisting.
Also, under a collaborative arrangement, dental hygienists may only provide those dental services that may be provided under the general supervision of a dentist, as defined in subdivision (b) of section 61.9 of the Regulations of the Commissioner of Education, without requiring the physical presence of the collaborating dentist during the provision of such services.
In addition to the above-referenced requirements, the regulatory amendment, requires, among other things, that dental hygienists, practicing under a collaborative arrangement, possess and maintain certification in cardiopulmonary resuscitation (CPR) and instruct individuals to visit a licensed dentist for a comprehensive examination or treatment.
A sample collaborative arrangement agreement can be found
Sample collaborative arrangement agreement
For questions regarding billing for the Collaborative Arrangement, please refer to pages 15 -16 of the August 2016 Medicaid Update on Medicaid Reimbursement to Article 28 Clinics for Oral Assessments by Dental Hygienists with Collaborative Practice Agreements. Medicaid Update August 2016 Volume 32 Number 8 (ny.gov).
Additional questions regarding billing should be directed to the Division of OHIP Operations, Dental Prepayment Review Unit at (800) 342-3005 (option #2), or (518) 474-3575 (option #2) or by e-mail to: dental@health.state.ny.us