Business Law, Public Responsibility, and Ethics Commons^™

Mda At Your Service: How Can I Choose The Right Associate Position?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

MDA Staff, with input from Membership Chair Kristin Johnson, DDS, advise dentists on various concerns: reviewing employment contracts with legal counsel, updating personal/practice info, obtaining MDA logo for websites, and enhancing visibility on Find a Dentist platforms. Legal and ethical considerations are highlighted when terminating difficult patient relationships. Membership benefits include contract reviews and promotional resources.

Mda At Your Service: What Is The Beneficial Ownership Information Report?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

MDA Staff, with input from Kristin Johnson, DDS, explains the Beneficial Ownership Information Report required by the Corporate Transparency Act. Dental practices with fewer than 20 full-time employees and <$5M in annual sales must file by Jan. 1, 2025. They also address MIOSHA regulations, dental assistant duties, and access to MDA resources like the Delegation of Duties Chart and educational videos on infant oral health.

Dentistry And The Law: Why Dentists Must Pay Attend To Antitrust Law, Dan Schulte Jd

The Journal of the Michigan Dental Association

In this month’s Dentistry and the Law column, Dan Schulte, JD, MDA Legal Counsel, emphasizes the importance of understanding antitrust laws for dentists. He explains that agreements between competitors that restrain trade are illegal and highlights the risks of price-fixing and group boycotts. Dentists should avoid any activities that may be construed as anticompetitive. Enforcement of antitrust laws can lead to criminal or civil actions, making awareness crucial.

Dentistry And The Law: Charges For Missed Appointments And Interest On Past-Due Accounts, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column explores the legal considerations surrounding charges for missed appointments and interest on past-due accounts in dental practices. Dan Schulte, JD, provides insights on implementing policies for collecting patient deposits for missed appointments and the legality of charging interest on overdue accounts. The article emphasizes the importance of complying with participation agreements, obtaining patient consent, and setting reasonable terms. Practical guidelines for policy implementation are provided, ensuring dental practitioners navigate legal complexities while managing practice finances effectively.

Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Addressing derogatory comments among staff members requires a systematic approach. Document the incident, meet individually with each employee, and assess their reactions. Responses may vary from denial to remorse. Tailor disciplinary action based on their accountability and alignment with office values. Consider potential legal ramifications and seek HR or legal guidance if needed. Regardless, swift action is essential to maintain a respectful workplace environment.

Staff Matters: Do I Really Need An Employee Handbook?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article underscores the importance of having an employee handbook for even small practices. It emphasizes the handbook as a crucial tool for communicating expectations, providing a defense against employment claims, and ensuring legal compliance. The author advises on essential policies related to legal requirements, "At-Will" status, conduct, compensation, benefits, communication, attendance, and discipline. The article stresses the significance of well-crafted policies to avoid confusion and legal liabilities, recommending professional review before implementation.

J Mich Dent Assoc January 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

The January issue sets the foundation for Children’s Dental Health Month in February, the reader will find the following original content:

• A cover commentary on Pediatric Dentistry
• A feature article on “Silver Diamine Fluoride as a Caries Management Option for the Young Child”.
• A feature on “Considerations Concerning Obesity-Related Education for Parents of Young Children”.
• Professional advice commentary on “Staying Focused on a Moving Target: Coping …

Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, Dan Schulte Jd

The Journal of the Michigan Dental Association

Navigating dental employment agreements involves understanding the enforceability of non-compete and liquidated damages provisions. While these aim to protect the employer's business, courts may scrutinize their reasonability. In Michigan, noncompete terms of two years or less are generally deemed reasonable, and the restricted area must align with the patient base. A $15,000 liquidated damages amount per patient might face challenges, as it should relate reasonably to actual damages. Courts may also consider equitable factors and the employer's adherence to the agreement. Both employers and employees benefit from reasonable restrictions, avoiding potential legal disputes.

New Dentists’ Most-Asked Legal Questions, Dan Schulte Jd

The Journal of the Michigan Dental Association

This feature addresses new dentists' most frequently asked legal questions, offering concise answers to guide them. Topics include licensing requirements, dental record maintenance, accommodations for hearing-impaired and non-English proficient patients, the enforceability of covenants not to compete, the necessity of written employment agreements, responding to bad dental work, reporting suspected abuse, prescribing drugs to friends and family, contract terms with dental plans, and handling suspected employee theft. The article emphasizes the importance of understanding legal aspects to navigate a dental career successfully.

Mda Services: Why Dental Cpas Are Warning About Potential Employee Dishonesty, Reva Darling

The Journal of the Michigan Dental Association

This article details scenarios in which embezzlement and employee dishonesty can occur in a dental office and the need to employ a dental CPA. The article also describes two vendors endorsed by the Michigan Dental Association for accounting and protection against embezzlement. This article is an installment of the MDA Journal’s bi-monthly MDA Services department.

Navigating The Legal Landscape Of Mental Health In The Workplace: Insights For The Dental Practice, Gary Chamberlin Milr, Jd

The Journal of the Michigan Dental Association

Dealing with an employee’s mental health situation poses complex challenges for human resource professionals. Dental practices, typically run by busy dentists or administrative managers, often lack a human resource professional and the legal expertise needed to navigate the intricacies of employment laws pertaining to mental health disabilities. Moreover, mental health issues in the workplace are sensitive, private matters that intersect with disability and leave laws and are still associated with cultural stigmas despite evolving societal attitudes. This article provides specific scenarios that give insights into the legal issues when managing dental office employees with mental health conditions. Readers should address …

What Does Professionalism Mean To You? Part I, Michael G. Maihofer Dds

The Journal of the Michigan Dental Association

This commentary explores generational perspectives on professionalism in dentistry, focusing on how younger dentists perceive this concept. It highlights the changing dynamics in dentistry and questions whether professionalism remains relevant in a world where various practice models exist. Insights from young dentists shed light on their commitment to professionalism and its evolving definition, emphasizing the importance of caring for patients and maintaining high-quality care.

Hipaa Update: Conducting A Security Risk Analysis, Jennifer Cosey

The Journal of the Michigan Dental Association

The Health Insurance Portability and Accountability Act (HIPAA) Security Rule mandates periodic security risk analyses (SRA) to assess compliance. This analysis evaluates threats and vulnerabilities to electronic protected health information (EPHI) and considers all devices connected to a network. While the Security Rule is flexible, small organizations must still adhere to its standards. IT vendors and staff play a crucial role in implementing HIPAA safeguards. Threats and vulnerabilities must be identified to select appropriate safeguards for EPHI. These safeguards include administrative, physical, and technical measures. Addressable specifications should be implemented if reasonable, and documentation of decisions is essential. A Technical …

Dentistry And The Law: Did I Commit Fraud?, Dan Schulte Jd

The Journal of the Michigan Dental Association

The dentist is under audit by a dental plan due to issues with claims, but inattention or mistakes do not necessarily constitute fraud. For fraud to be established, specific conditions must be proven, including knowledge, intent, and damage to the dental plan. The burden of proof is high for criminal fraud, making it unlikely in this situation. The dentist's main concern should be a breach of their participation agreement and the need for better billing practices.

Staff Matters: Independent Contractor Or Temporary Employee?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Determining whether temporary hygienists should be classified as independent contractors or employees requires careful consideration. While treating them as independent contractors offers advantages, such as avoiding payroll taxes and paperwork, it must align with specific IRS criteria. The classification hinges on the degree of control the practice exerts over their work, encompassing behavioral and financial control. If the practice significantly controls aspects like duties, hours, and business aspects, it may be wiser to classify them as employees. The IRS provides a form (SS-8) to assess the relationship in-depth. Additionally, if hygienists request employee status and you cannot definitively prove otherwise, …

Dentistry And The Law: Risk Of Employment Discrimination In Job Advertisements, Dan Schulte Jd

The Journal of the Michigan Dental Association

Employment discrimination in job advertisements that include religious references, such as statements like "faith-based practice" or symbols like crosses, is a legal concern. Federal and Michigan state laws, particularly the Elliot Larson Civil Rights Act (ELCRA), prohibit discrimination in employment, encompassing various protected classes. ELCRA applies to all employers in Michigan, regardless of their size. Violating ELCRA can lead to legal consequences, including injunctive relief and compensatory damages. Including such references or symbols in job ads can be used as evidence against employers in discrimination claims, even if rejected candidates have lesser qualifications. Publishers of these ads are also at …

J Mich Dent Assoc July 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists! In this July 2022 issue, the reader will find the following original content:

• A cover feature on negotiating reimbursement rates with PPO contracts.
• A cover feature on guarding against employee embezzlement.
• A 10-Minute EBD on rampant caries management and prevention with ADHD patients taking stimulant medications.
• A Back Page look at the 2022 MDA award winners.
• News you need: an Editorial, guidance on dental practice cybersecurity, and regular department …

Staff Matters: Employees On Military Leave, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Staff Matters column addresses an employer's concern about an employee being deployed for military service and explores options for managing the situation. The response emphasizes the application of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act (FMLA). The article highlights that USERRA, applicable to all employers regardless of size, mandates unpaid leave for military service members and outlines re-employment rights. Practical suggestions for coping with the absence, including hiring temporary staff and having a clear policy in the employee handbook, are provided. The column also hints at future articles …

News You Need: Reminder: What You Must Know About Antitrust Law, Dan Schulte Jd

The Journal of the Michigan Dental Association

This reminder emphasizes the critical importance for dentists, particularly members of organizations like the Michigan Dental Association, to understand antitrust laws and their implications. The U.S. Justice Department and Federal Trade Commission actively pursue antitrust violations among physicians and dentists. The article outlines key aspects of the Sherman Antitrust Act, emphasizing that joint activities among independent dentists that restrain competition may lead to violations. The concept of joint action and the restraint on competition are explored, with a focus on potential pitfalls, such as price-fixing and group boycotts. Dentists are urged to stay informed to avoid legal consequences.

Dentistry And The Law: Responding To Internet Criticism And Hipaa Considerations, Dan Schulte Jd

The Journal of the Michigan Dental Association

This Dentistry and the Law column addresses the challenge of responding to online criticism as a healthcare professional, particularly dentists. The question involves a patient posting false and damaging information online, leading to concerns about reputation and the desire to set the record straight. The response outlines the limitations imposed by HIPAA on using patient information for such purposes and explores the legal complexities in pursuing recourse. The column advises against responding directly to negative online posts, emphasizing proactive reputation management through online advertising and patient testimonials.

J Mich Dent Assoc November 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• Cover stories with a “Focus on Advocacy: Helping Dentistry Succeed”, including “MDA Dental PAC: What It Is and Why It Matters “, “2021 Advocacy Success — and More to Come “, and “Dental Programs Maintained in 2021-22 State Budget”.
• A feature article on “The Anishinaabe Dental Outreach Program”.
• A feature article, “How Your Website and …

J Mich Dent Assoc October 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Welcoming Colleagues from Different Practice Models”.
• A feature article from the Journal’s DEI series, “Diversity, Equity, and Inclusion: Perspectives from an LGBTQ Dentist”.
• A feature article, “Congratulations, 2021 MDA Life Members!”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, and component news. …

J Mich Dent Assoc June 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story “Team-Based Treatment of Oral Cancer: The U-M Experience”.
• A feature article, “Dental Management of the Head and Neck Cancer Patient Treated with Radiation Therapy: Update 2021”.
• A feature article on “Understanding Cyber Threats and the Risk they Pose to Your Practice”.
• "A Train-the-Trainer Education Model and Rural Dental Opioid Prescribing Outcomes”, a …

J Mich Dent Assoc May 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story “3D Printing in Dentistry: Concepts, Technologies, and Applications”.
• An interview with new MDA President Dr. Mike Maihofer.
• The MDA award-winners for 2021.
• A feature article, “Things to Know about the New e-Prescribing Law”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, and …

J Mich Dent Assoc March 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Vaccination by Dentists: Integrating Vaccination into Dental Practice”.
• A feature article on “Creating Opportunities for HPV Awareness and Prevention in Dental Health Care Settings”.
• The feature article, “MDA Legislative Advocacy 2021: What We’ve Done and What’s to Come”.
• “How COVID-19 Has Impacted Michigan Dentists”, a feature article.
• News you need, Editorial and …

J Mich Dent Assoc February 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A feature article on “Pediatric Dentistry: Care for Our Youngest Patients in the Challenging Time”.
• A feature article, “The Hall Technique: A Minimally Invasive, Non-aerosol Approach for the Decayed Primary Molar”.
• The feature article, “Delayed Antibiotic Prescribing: A Simple Strategy to Promote Antibiotic Stewardship”.
• ”Dentistry and the Current State of the Opioid Epidemic in Michigan”, …

J Mich Dent Assoc January 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on “The Dentist’s Role in Recognizing Sleep-Disordered Breathing in Children”.
• A feature article, “Dental Sleep Medicine Education: Do You Want a Nap or a Full Night’s Sleep?”.
• The feature article, “In-office Plans: Where Are We Now? What Have We Learned?”
• News you need, Editorial and regular department articles on MDA Foundation activities, …

J Mich Dent Assoc December 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on “The Dentist’s Role in Recognizing Sleep-Related Breathing Disorders: A Two-Part Series”.
• The “2020 Author/Title Index to the Journal of the Michigan Dental Association”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, and component news.

This issue also includes three articles reprinted …

J Mich Dent Assoc November 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• Feature articles on how “Routine Blood Lead Testing During Pregnancy Empowers Future Dental Caries and Neurotoxicity Research”, how to “Recoup Your Dues and More with MDA-Endorsed Programs”, and your “2021 MDA Membership Benefits Guide”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, 10-Minute EBD, Headquarters …

J Mich Dent Assoc October 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Michigan’s New Hypertension Screening Guidelines: What Do They Mean for You?”
• Three feature articles: “The Mask Ask: Understanding and Addressing Mask Resistance”, “An Election-Year Message from Your MDA Dental PAC”, and “How to Respond to Online Reviews Without Violating HIPAA”.
• News you need, Editorial and regular department articles on MDA Foundation activities, …