Committee flags overlap between ABA and dental coverage bills; staff to compare drafts

Senate Human Services Committee members identified near-duplicate provisions in two bills — one addressing applied behavioral analysis (ABA) and another addressing dental assessments and treatment — and asked staff to compare drafts and return with a recommendation on whether to merge them.

Senators and witnesses noted the bills are similar in places but differ in scope and in how they treat Medicaid expansion. One bill (drafted as 2,190 during the hearing) would add coverage for applied behavioral analysis across the lifespan for individuals with various diagnoses; another bill (2,231) primarily addresses dental coverage, and its language references Medicaid expansion differently. Courtney Kobal, executive director of the North Dakota Medical Association and representative of Community Health Centers of the Dakotas, urged lawmakers to ensure Medicaid expansion includes dental care and treatment if the committee intends that outcome. "We would like Medicaid expansion to cover dental," Kobal said.

Committee staff advised the panel that 2,231 and 2,190 currently contain conflicting language: one section explicitly states certain services do not apply to Medicaid expansion while the other would apply services to Medicaid expansion for children and adults. The committee directed staff and bill sponsors to compare the two one-page drafts and return with a recommendation; senators said it would be acceptable to hear both bills and decide later whether to merge them or withdraw one draft to avoid duplication.

Committee members also received a supporting letter from a pediatric practice in Fargo that favors ABA coverage and described ways local pediatrics can contribute to implementation; the letter was uploaded into the committee record. No formal action was taken on either bill during the hearing; staff and sponsor follow-up was requested.