A Dentist’s Guide to the Law. American Dental Association

Before I Hire Someone, I’d Like to Make Sure That He or She Has Not Been Excluded From Participation in Federal Health Care Programs. Can I Look Them Up? Can I Also Periodically Check on the Status of My Current Staff?

       125. I Keep Hearing About Data Breaches Involving Credit Card Numbers and Social Security Numbers. My Dental Practice Collects This Kind of Information. What Are Some of the Laws That I Should Be Aware of?

       126. Will My Liability Insurance Cover the Financial Loss Caused by a Data Breach?

       127. My Office Is Considering Whether to Accept Credit Card Payments and Was Told by a Card Payment Processor That Our Office Would Need to Be “PCI Compliant.” Is This Really True?

       128. How Do I Respond to an Investigatory Letter From the U.S. Department of Health and Human Services Office for Civil Rights, the Federal Agency that Administers HIPAA?

       129. A Law Enforcement Official Has Asked My Dental Practice for Information About One of Our Patients. What Should We Do?

       Chapter 16: FACTA: Red Flags And Disposal Rules

       130. What Is FACTA and How Will It Affect My Practice?

       131. What Is the Red Flags Rule?

       132. What Does the Disposal Rule Require?

       133. Does the Disposal Rule Apply to All Dentists?

       134. When Does the Disposal Rule Take Effect?

       Chapter 17: COPPA

       135. My Dental Practice Wants to Create a “Kids’ Corner” on Our Practice Website. Someone Mentioned “COPPA Requirements.” What Is COPPA and Does it Apply to Dental Practices?

       136. How Do I Know Whether My Website is Directed at Children Under 13? Does COPPA Provide a Test or Definition?

       Chapter 18: The Physician Payments Sunshine Act (Open Payments)

       137. How Can I Find Out About the Physician Payment Sunshine Act and “Open Payments,” the New Federal Government Website That Has Information About Industry Relationships With Doctors and Teaching Hospitals?

       138. Do I Have Any Choices About Information About Me That Might Appear on the Open Payments Website?

       139. What Can I Do to Help Make Sure That Information About Me is Accurate on “Open Payments”?

       140. A Dental Manufacturer’s Representative Provided Lunch for My Staff and Me. The Lunch Was Great, but Why is the Rep Asking for My NPI Number and Other Information?

       141. What Is Teledentistry and What Are Some of the Regulatory and Legal Concerns?

       Business Considerations

       Chapter 19: Contracts

       142. Should I Sign This Contract?

       143. How Do the Legal Considerations Fit in?

       144. Do I (Still) Have to Do What the Contract Says?

       Chapter 20: Common Dental Agreements

       145. What Are Some of the Issues Involved in a Buy-Sell Agreement?

       146. How Should I Evaluate a Contract With an Insurance Plan?

       147. Do I Need Employment Agreements With My Staff?

       148. How Can I Get the Most Mileage Out of an Associate Agreement?

       149. Should the Associate Be an Independent Contractor or Employee?

       150. Are Restrictive Covenants Enforceable?

       151. What Should My Office Lease Contain?

       152. How Can I Be Sure That My Dental Laboratory Uses the Exact Materials Prescribed to Manufacture a Prosthesis?

       153. What Can I Do If I Have Been Charged for a Product or Service That I Received but Didn’t Order?

       154. Can I Sell Merchandise From My Dental Office, Such as Vitamins and Minerals or Electric Toothbrushes?

       Chapter 21: Antitrust

       155. What Are the Antitrust Laws and What Do They Mean to Me as a Dentist?

       156. Can I Consult With Other Dentists When Setting My Fees?

       157. Is There Anything the ADA Can Do to Stop Insurance Carriers From Taking Actions or Engaging in Practices That Create Difficulties for Dentists?

       158. Do the Antitrust Laws Prevent Me From Promoting Direct Reimbursement?

       159. Can Our Association Establish a Code of Ethics That Restricts Advertising or Prohibits Unacceptable Practices?

       160. Can Dentists Refuse to Deal With Health Care Practitioners Who Engage in Unethical Conduct or Who Engage in the Practice of Dentistry Without a License?

       161. Do the Antitrust Laws Prevent Insurance Companies From Setting Low Reimbursement Rates? From Imposing Burdensome Contractual Provisions?

       162. Is There Anything That a Group of Dentists Can Do to Address Threats to Our Practice?

       Chapter 22: Tax Issues