May 2, 2023

Good afternoon,

1.  Assembly Speaker Heastie has told the media that the Assembly will remain in session to debate and pass budget bills long into the night, if necessary.  Nothing from the Senate yet.

2.  Although the attached document says it is a summary of ‘Assembly Recommended Changes to the Executive Budget’ it is actually a discussion of enacted (or soon to be enacted) SFY ’24 final state budget provisions.

3.  Yesterday The Legal Aid Society filed a settlement agreement in Ciaramella v. McDonald, which will expand the Medicaid coverage rules for adults for root canals, crowns, replacement dentures and dental implants. 

In 2018, The Legal Aid Society and Willkie Farr & Gallagher, later joined by Freshfields Bruckhaus Deringer, filed this case to challenge the Medicaid coverage rules for dental implants and replacement dentures. The case was later amended to include a challenge to the coverage rules for root canals and crowns. 

The press release with more information about the terms can be found here.  Notably, under the new rules root canals and crowns should not be denied based on the 8 points of contact rule. This should substantially increase Medicaid recipients’ ability to have root canals and crowns covered. Additionally, Medicaid recipients will no longer have to show that dental implants or replacement dentures will alleviate a serious health condition. 

The effective date of the settlement and the new rules are subject to the court’s approval.

New York Times coverage of the settlement is here.