Title 42, The Public Health and WelfareRelease 119-110

§280k–3 Updating National Oral Healthcare Surveillance Activities

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER II — GENERAL POWERS AND DUTIES › Part T — Oral Healthcare Prevention Activities › § 280k–3

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Health and Human Services must update and improve the Pregnancy Risk Assessment Monitoring System (PRAMS) to better track oral health. Each State must send a report to the Secretary no later than 5 years after March 23, 2010, and every 5 years after that. The oral health measures the Secretary makes for PRAMS must be used by States in those reports. Money may be provided as needed to do this. The Secretary must also add tooth-level checks to the National Health and Nutrition Examination Survey and update those parts at least every 6 years. "Tooth-level surveillance" means a clinical exam of every surface of every tooth, including any additions set by the CDC’s Division of Oral Health. The Agency for Healthcare Research and Quality must verify dental use, spending, and coverage in the Medical Expenditures Panel Survey by doing a look-back analysis. Funds were authorized for fiscal years 2010–2014 to expand the National Oral Health Surveillance System from 16 States to all 50 States, territories, and the District of Columbia, and it must include a measure of early childhood tooth decay.

Full Legal Text

Title 42, §280k–3

The Public Health and Welfare, Source: USLM XML via OLRC

(1)PRAMS
(A)In general
The Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall carry out activities to update and improve the Pregnancy Risk Assessment Monitoring System (referred to in this section as “PRAMS”) as it relates to oral healthcare.
(B)State reports and mandatory measurements
(i)In general
Not later than 5 years after March 23, 2010, and every 5 years thereafter, a State shall submit to the Secretary a report concerning activities conducted within the State under PRAMS.
(ii)Measurements
The oral healthcare measurements developed by the Secretary for use under PRAMS shall be mandatory with respect to States for purposes of the State reports under clause (i).
(C)Funding
There is authorized to be appropriated to carry out this paragraph, such sums as may be necessary.
(2)National Health and Nutrition Examination Survey
The Secretary shall develop oral healthcare components that shall include tooth-level surveillance for inclusion in the National Health and Nutrition Examination Survey. Such components shall be updated by the Secretary at least every 6 years. For purposes of this paragraph, the term “tooth-level surveillance” means a clinical examination where an examiner looks at each dental surface, on each tooth in the mouth and as expanded by the Division of Oral Health of the Centers for Disease Control and Prevention.
(3)Medical Expenditures Panel Survey
The Secretary shall ensure that the Medical Expenditures Panel Survey by the Agency for Healthcare Research and Quality includes the verification of dental utilization, expenditure, and coverage findings through conduct of a look-back analysis.
(4)National Oral Health Surveillance System
(A)Appropriations
There is authorized to be appropriated, such sums as may be necessary for each of fiscal years 2010 through 2014 to increase the participation of States in the National Oral Health Surveillance System from 16 States to all 50 States, territories, and District of Columbia.
(B)Requirements
The Secretary shall ensure that the National Oral Health Surveillance System include the measurement of early childhood caries.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 280k–3

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110