123STA T .85PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9(1)INGE NE RAL.—Section2 1 03 ( 4 2 U .S. C . 13 97 cc) i sam en d ed— ( A )ins ub section (a)— (i)int h e matte r be f ore p ara g raph (1) , b y stri k ing ‘ ‘subsection (c)( 5 ) ’ ’ and inserting ‘‘paragraphs (5) and (7) of subsection (c)’’
and (ii) in paragraph (1), by inserting ‘‘at l east’’ after ‘‘that is’’; and ( B ) in subsection (c)— (i) by redesignating paragraph (5) as paragraph (7); and (ii) by inserting after paragraph (4), the follo w ing
‘‘(5) D EN T AL B ENE FI T S .— ‘‘(A) IN GENERAL.— T he child health assistance pro v ided to a targeted low - income child shall include coverage of dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions. ‘‘(B) P ER M ITTING U SE O F D ENTAL BEN CH MAR KP LANS B Y CERTAIN STATES.—A State may elect to meet the re q uire- ment of subparagraph (A) through dental coverage that is equivalent to a benchmark dental benefit package described in subparagraph (C). ‘‘(C) BENCHMARK DENTAL BENEFIT PACKAGES.—The benchmark dental benefit packages are as follows: ‘‘(i) FEH BP CHILDREN’S DENTAL CO V ERAGE.—A dental benefits plan under chapter 8 9A of title 5, United States Code, that has been selected most fre- quently by employees seeking dependent coverage, among such plans that provide such dependent cov- erage, in either of the previous 2 plan years. ‘‘(ii) STATE EMPLOYEE DEPENDENT DENTAL COV- ERAGE.—A dental benefits plan that is offered and generally available to State employees in the State involved and that has been selected most frequently by employees seeking dependent coverage, among such plans that provide such dependent coverage, in either of the previous 2 plan years. ‘‘(iii) COVERAGE OFFERED THROUGH COMMERCIAL DENTAL PLAN.—A dental benefits plan that has the largest insured commercial, non-medicaid enrollment of dependent covered lives of such plans that is offered in the State involved.’’. (2) ASSURING ACCESS TO CARE.—Section 2102(a)(7)(B) (42 U.S.C. 1397bb(c)(2)) is amended by inserting ‘‘and services described in section 2103(c)(5)’’ after ‘‘emergency services’’. (3) EFFECTIVE DATE.—The amendments made by para- graphs (1) and (2) shall apply to coverage of items and services furnished on or after O ctober 1, 2009. (b) STATE OPTION TO PROVIDE DENTAL-ONLY SUPPLEMENTAL COVERAGE.— (1) IN GENERAL.—Section 2110(b) (42 U.S.C. 1397 j j(b)) is amended— (A) in paragraph (1)(C), by inserting ‘‘, subject to para- graph (5),’’ after ‘‘under title X IX or’’; and (B) by adding at the end the following new paragraph: 42USC1397b b note.
