Notice of Intended Action
Orthodontic procedures, 78.4(8)“c”
ARC 9372C
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Proposing rulemaking related to amount, duration and scope of medical and remedial services and providing an opportunity for public comment
The Department of Health and Human Services hereby proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapter 249A.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapter 249A.
Purpose and Summary
The purpose of this proposed rulemaking is to eliminate an outdated orthodontia practice standard from administrative rules.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on May 14, 2025. A public hearing was held on the following date(s):
●June 3, 2025
Fiscal Impact
This proposed rulemaking has a positive fiscal impact to the State of $583,469. However, that savings will be reinvested by increasing reimbursement rates for diagnostic and preventive Current Dental Terminology (CDT) codes.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on July 15, 2025. Comments should be directed to:
|
Victoria L. Daniels |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
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July 15, 2025 |
Microsoft Teams |
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July 15, 2025 |
Microsoft Teams |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rulemaking action is proposed:
ITEM 1.Amend paragraph 78.4(8)“c” as follows:
c.Comprehensive orthodontic treatment when prior approval has been received. Approval is limited to members under 21 years of age and shall be granted when the member has a severe handicapping malocclusion with a score of 26 or above using the index from the “Handicapping Malocclusion Assessment to Establish Treatment Priority,” by J.A. Salzmann, D.D.S., American Journal of Orthodontics, October 1968as defined by the department and when determined to be medically necessary.
Human Services Department
- 1305 E Walnut St
- Des Moines, IA 50319
- (515) 281-5425
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Open For Comments
This notice is open for comments for 12 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 7/15/2025
NOTE: You can also click the text in the document to make comments about specific sections.
Public Hearing
Official Document
- Orthodontic procedures, 78.4(8)“c”
- Published on 6/25/2025
- 34 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 6/25/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 441-78.4(8)"c"About
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