(a) The facility must assist a resident in obtaining routine and 24-hour emergency dental care.      
        (1) At the time of admission, the facility must obtain the name of the resident's preferred dentist and record the name in the clinical record.       
        (2) At least annually, the facility must ask each resident and resident representative if the resident desires a dental examination at the resident's expense.       
        (3) The facility must make all reasonable efforts to arrange for a dental examination for each resident who desires one.       
        (4) The facility is not liable for the cost of the resident's dental care.       
        (5) Licensed-only facilities must maintain a list of  local dentists for a resident who requires a dentist.       
      (b) Medicaid-certified facilities also must provide or obtain from an outside resource, in accordance with §19.1906 of this chapter (relating to Use of Outside Resources), the following dental services to meet the needs of each resident:      
        (1) Emergency dental services, which are limited to procedures necessary to control bleeding, relieve pain, and eliminate acute infection; operative procedures which are required to prevent the imminent loss of teeth; treatment of injuries to the teeth or supporting structures.                  (A) Covered emergency dental procedures include:                      (i) alleviation of extreme pain in oral cavity associated  with serious infection or swelling;                       (ii) repair of damage from loss of tooth due to trauma (acute care only, no restoration);                       (iii) open or closed reduction of fracture of the maxilla or mandible;                       (iv) repair of laceration in or around oral cavity;                       (v) excision of neoplasms, including benign, malignant and premalignant lesions, tumors and cysts;                       (vi) incision and drainage of cellulitis;                       (vii) root canal therapy, for which payment is subject to dental necessity review and pre- and post-operative x-rays are required; and                       (viii) extractions: single tooth, permanent; single tooth, primary; supernumerary  teeth; soft tissue impaction; partial bony impaction; complete bony impaction; surgical extraction of erupted tooth or residual root tip.                     (B) Routine restorative procedures are not considered emergency procedures. Dental services not covered include:                      (i) cleaning;                       (ii) filling teeth with amalgam composite, glass ionomer, or any other restorative material;                       (iii) cast or preformed crowns (capping);                       (iv) restoration of carious or noncarious permanent or primary teeth, including those requiring root canal therapy;                       (v) replacement or repositioning of teeth;                       (vi) services to the alveolar ridges or  periodontium of the maxilla and the mandible, except for procedures covered under subparagraph (A) of this paragraph; and                       (vii) complete or partial dentures.           
        (2) Assistance to the resident, if necessary:                  (A) in making appointments; and                   (B) by arranging for transportation to and from the dentist's office.         
        (3) Prompt referral, within three days, of a resident with lost or damaged dentures for dental services. If a referral does not occur within three days, the facility must provide documentation of what they did to ensure the resident could still eat and drink adequately while awaiting dental services and the extenuating circumstances that led to the  delay.       
        (4) Coordination of dental services for pediatric residents age 12 months to 21 years, in accordance with Texas Health Steps (THSteps) guidelines.       
      (c) The facility must have a written policy identifying those circumstances when the loss or damage of dentures is the facility's responsibility and may not charge a resident for the loss or damage of dentures determined in accordance with facility policy to be the facility's responsibility.     
      (d) Medicaid-certified facilities are not required to provide routine dental services.     
      (e) Payment for services provided on the teeth, gums, alveolar ridges, and supporting structures are not a benefit of the Texas Medicaid Program;  however, recipients with applied income may use incurred medical expenses to pay for routine dental services and appliances.     
     Source Note:        The provisions of this §554.1401 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871