Outside Section 35
(a) Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2011, the executive office of health and human services may within its sole discretion determine the extent to which to include within its covered services for adults the federally optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002 and the dental services that were covered for adults in the MassHealth Basic program as of January 1, 2002.
(b) Notwithstanding subsection (a) of section 6 of chapter 118H of the General Laws, for fiscal year 2011, medically necessary dental services covered through health insurance plans procured by the board of the commonwealth health insurance connector for any resident with a household income that does not exceed 100 percent of the federal poverty level shall include preventative procedures but shall exclude those categories of services that are not provided through MassHealth.
This section gives EOHHS and the Connector board the necessary discretion to make MassHealth and Commonwealth Care dental coverage or service limitation decisions.
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