Health Law and Policy Commons^™

Dentistry And The Law - Understanding ‘Rollover Equity’ When Selling Your Practice, Daniel Schulte Jd

The Journal of the Michigan Dental Association

Daniel J. Schulte, MDA Legal Counsel, addresses the legal and tax implications of 'rollover equity' when dentists sell their practices to private equity-backed buyers. The article outlines typical shareholder and buy-sell agreement restrictions, noting how equity is often subject to vesting and employment covenants. Schulte explains the critical importance of making an Internal Revenue Code Section 83(b) election within 30 days of closing. Failing to file this election results in taxation at high ordinary income rates as the stock vests, whereas a timely election accelerates tax payments but secures lower capital gains tax rates upon eventual sale.

Patient-Centered Imaging In Dentistry, Erika Benavides Dds, Phd, Fabiana Naomi Soki, James R. Geist Dds, Ms, Angela M. Hoikka, Dds, Ms

The Journal of the Michigan Dental Association

This clinical feature discusses joint guidelines by the ADA and AAOMR for patient-centered dental radiography and cone-beam computed tomography (CBCT), emphasizing individual risk-based needs rather than routine schedules. It covers the principles of radiation safety: justification, optimization (ALARA/ALADA), and dose limitation. The article maps out specific imaging modalities recommended for caries, periodontal disease, endodontics, orthodontics, implants, and TMJ disorders. Additionally, it summarizes Michigan's administrative rules for X-ray installation shielding, equipment alignment, stable mechanical support, operator positioning, and the mandatory radiography training program requirements for dental assistants.

When Dentists Spoke Up, The Law Changed, Timothy Rath

The Journal of the Michigan Dental Association

This article details how grassroots member advocacy led to the passage of Michigan Senate Bill 105. Championed by the Michigan Dental Association, the law requires insurers to offer at least one fee-free payment method for dental reimbursements, protecting practices from being forced to pay transaction fees of 3% to 5% to access virtual credit card payments. Once a dentist opts out under the new law, insurers must maintain the alternative payment method. This legislative victory highlights the power of organized dentistry in relieving the administrative and financial burdens faced by individual practitioners amid rising operational overhead costs.

J Mich Dent Assoc August 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The August 2026 (Volume 108, No. 8) issue of the Journal is published in print format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

The August 2026 issue of the Journal of the Michigan Dental Association explores clinical, professional, legal, leadership, and public …

Dentistry And The Law: Is A Lake Of Understanding Of Billing Procedures Fraud?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses whether improper dental billing resulting from misunderstanding plan requirements constitutes fraud. The author explains the legal elements necessary to establish fraud, including knowledge, intent, and damages. The article distinguishes billing errors and contract violations from fraudulent conduct and encourages dentists to review participation agreements and billing policies to minimize compliance risks.

The Power Of The Tripartite: Defending Fluoridation Together, Sarah Stuefen Dds

The Journal of the Michigan Dental Association

This article describes a successful grassroots effort to preserve community water fluoridation in Vinton, Iowa. The author details how local dental professionals, state dental associations, the American Dental Association, public health experts, and community stakeholders collaborated to educate decision makers and advocate for evidence-based public health policy. The experience demonstrates the importance of coordinated advocacy and organized dentistry in protecting oral health initiatives.

July 2026 Mda At Your Service — Who Can Supervise Dental Assistant Radiography Training In Michigan?, Mda Membership Department Staff

The Journal of the Michigan Dental Association

This Q&A feature provides practical guidance on common professional and licensing questions for Michigan dentists. It clarifies that any licensed dentist can supervise required dental assistant radiography training, highlighting the MDA's online program. The article also offers advice for new dentists looking to connect with colleagues through local societies and the "New Doc Connection" online hub. Additionally, it outlines the mandatory steps for updating a professional license after a legal name change and directs members to valuable MDA resources for navigating dental insurance contracts and third-party payer agreements.

July 2026 Dentistry And The Law — Can Unlicensed People Own A Dental Practice? Who Is Enforcing The Law?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses the complexities of dental practice ownership in Michigan, clarifying that only licensed dentists can legally own a practice through professional corporations or professional limited liability companies. It explains the "Corporate Practice of Medicine Doctrine," which aims to ensure licensed professionals, rather than profit-motivated lay persons, control health service delivery. The article details how management companies often operate legally as landlords or service providers without technically owning the practice itself. Finally, it notes that only the Michigan Department of Licensing and Regulatory Affairs and the attorney general have the authority to enforce these regulations.

Staff Matters: How Much Time Off Should I Give For Bereavement?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Author Jodi Schafer provides guidance for dental practices on developing clear and consistent bereavement leave policies. She notes that while no federal law requires bereavement leave, standard employer practice typically offers three to five days for immediate family members. The article emphasizes balancing compassion for grieving employees with the operational needs of the practice. Key considerations include whether leave is paid, the definition of covered relationships, and the importance of flexibility, as grief often extends beyond a formal leave period.

Dentistry And The Law: The Need To Designate A Patient Of Record, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses the legality of delegating dental procedures to hygienists before a dentist has examined the patient. Author Dan Schulte clarifies that under Michigan’s Administrative Code, procedures may only be delegated if the individual is a "patient of record". This status requires a dentist to have personally performed an evaluation and diagnosis within the previous 24 months. Consequently, seeing new patients for cleanings or X-rays before a dentist's involvement is non-compliant with state law.

J Mich Dent Assoc June 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The June 2026 (Volume 108, No. 6) issue of the Journal is published in digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

The June 2026 issue of the Journal of the Michigan Dental Association provides association updates, legal advice, and clinical …

J Mich Dent Assoc May 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The May 2026 (Volume 108, No. 5) issue of the Journal is published in print format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

The May 2026 issue of the MDA Journal introduces Dr. Melanie Mayberry as the new association president, highlighting her …

Dentistry And The Law: The Importance Of Termination Rights, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column explores the legal importance of termination rights in contracts with dental product suppliers. It explains that termination provisions—including notice periods and termination fees—must be carefully negotiated upfront, as they are generally enforceable once signed. The author clarifies that large termination fees may be deemed unenforceable penalties if they do not reasonably approximate actual losses. The article advises dentists to shop around for favorable contract terms and seek explanations for restrictive clauses.

May 2026 Government And Insurance Affairs, James Budd Mpp

The Journal of the Michigan Dental Association

This report summarizes the MDA’s participation in the ADA's annual Lobby Day in Washington, D.C.. MDA representatives met with congressional offices to advocate for student loan reform, including interest-free deferment during residency (H.R. 2028), and ERISA reform to ensure consistent patient protections across all dental insurance plans (H.R. 7931). The update also highlights efforts to protect the federal oral health infrastructure and introduces the "Member Minute" program for submitting legislative and insurance questions directly to the advocacy team.

Government & Insurance Update: Mda Advocacy Successes, James Budd Mpp

The Journal of the Michigan Dental Association

This document summarizes the recent legislative achievements of the Michigan Dental Association’s advocacy team. Key highlights include the House passage of bills regulating dental specialty advertising to ensure transparency for patients and the elimination of the inactive Dental Specialty Task Force. The update also promotes the MDA’s legislative text alert system and online tools designed to help member dentists engage with lawmakers on "hot-button" issues. By staying informed through these platforms, Michigan dentists can support the MDA’s mission to improve practice conditions and access to care across the state.

Yes, Dentists (And The Mda) Are Subject To Antitrust Law, Daniel Schulte Jd

The Journal of the Michigan Dental Association

MDA Legal Counsel Dan Schulte provides a critical overview of how antitrust laws apply to individual dentists and professional associations. The article defines illegal activities such as price-fixing, group boycotts, and market allocation, explaining that even informal agreements among competitors can trigger prosecution by the FTC or DOJ. Schulte advises dentists to avoid discussing fees or participation in dental plans with peers at meetings. The document distinguishes between "per se" violations and the "rule of reason" analysis, emphasizing that transparency and independent business decisions are essential to avoid severe legal penalties.

Regulatory Compliance Solutions That Save You Money, Reva Darling

The Journal of the Michigan Dental Association

This article outlines essential MDA-endorsed services that assist dental practices in maintaining regulatory compliance. It focuses on solutions for HIPAA, OSHA, and OIG requirements provided by Eagle Associates and highlights the importance of cyber liability insurance through Coalition. The document also features iCoreExchange for secure, encrypted email and iCoreRx for manual-error-reducing e-prescribing. By utilizing these trusted partners, MDA members can save significant time and money while ensuring their practices meet federal and state standards for patient privacy and workplace safety.

J Mich Dent Assoc April 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The April 2026 (Volume 108, No. 4) issue of the Journal is published in digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This full issue provides a comprehensive overview of the Michigan dental landscape in 2026. Key features include a clinical …

News You Need: Annual Session, Board Updates, And Regulatory News, David Foe

The Journal of the Michigan Dental Association

This comprehensive news section provides essential updates for Michigan dentists, including details on the 2026 Annual Session highlights and the launch of the "HERM-E" AI member assistant. It features critical regulatory reminders concerning mandated reporting for child abuse and neglect. The document also covers oral cancer prevention, dental therapy scholarship updates, and the appointment of new members to the Michigan Board of Dentistry. Additionally, it lists upcoming House of Delegates meetings and resources for donated treatment, ensuring members are informed on professional responsibilities.

Answering Your Most-Asked Dental Benefit Questions, William Sullivan Jd, James Budd Mpp

The Journal of the Michigan Dental Association

This column examines the increasing federal scrutiny of non-compete agreements by the Federal Trade Commission (FTC). It notes that both the Trump and Biden administrations have prioritized curtailing the misuse of these agreements, particularly in healthcare. The article provides practical steps for employers to audit existing agreements for reasonableness and individualization. It encourages exploring alternatives such as non-solicitation and confidentiality clauses and stresses the importance of documenting the legitimate business interests that justify any remaining non-compete requirements to withstand future regulatory scrutiny.

J Mich Dent Assoc March 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The March 2026 (Volume 108, No. 3) issue of the Journal is published in a digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Most-Asked Dental Benefit Questions, an interview with ADA Speaker Dr. Deb Peters, …

Mda Advocacy: Advocacy Continues Despite A Challenging Climate, James Budd Mpp

The Journal of the Michigan Dental Association

This update reviews the MDA's legislative efforts during a period of significant gridlock in the Michigan Legislature. It highlights key priorities such as bills addressing virtual credit card payments and dental specialty advertising. The source emphasizes that advocacy remains essential even when progress is slow, as it builds the relationships necessary for future success. Additionally, it outlines the "MDA Service Promise" and announces an upcoming PAC competition at the Annual Session to support the association's political activities.

Covenants Not To Compete Are Again Being Scrutinized By Federal Regulators, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column examines the increasing federal scrutiny of non-compete agreements by the Federal Trade Commission (FTC). It notes that both the Trump and Biden administrations have prioritized curtailing the misuse of these agreements, particularly in healthcare. The article provides practical steps for employers to audit existing agreements for reasonableness and individualization. It encourages exploring alternatives such as non-solicitation and confidentiality clauses and stresses the importance of documenting the legitimate business interests that justify any remaining non-compete requirements to withstand future regulatory scrutiny.

Government & Insurance Update, James Budd Mpp

The Journal of the Michigan Dental Association

This governmental update details Michigan House Bills 4593 and 4594, which aim to restore statutory standards for dental specialty advertising The proposed legislation restricts the use of specialty titles and letters to dentists who hold state-recognized specialty licenses in one of twelve specific fields, such as endodontics or pediatric dentistry Supported by the MDA, these bills seek to enhance patient protection and ensure transparency by preventing practitioners without accredited training from misleading the public.

J Mich Dent Assoc February 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The February 2026 (Volume 108, No. 2) issue of the Journal is published in a digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Risk Management and 2025 Servant Leadership as well as a clinical reprint …

News You Need, David Foe

The Journal of the Michigan Dental Association

This news update summarizes MDA Board of Trustees activities, including the 2026 budget approval and legislative advocacy for licensure reform and Social Security privacy. It promotes National Children’s Dental Health Month and the biennial Mission of Mercy event. The news covers the appointment of a new Chief Experience Officer, the launch of the MDA Matters video podcast, and announcements for scholarships and award-winners.

Where Can I Get Information About Osha And Miosha Regs?, Rachel Sinacola Dds, Ms, Mda Membership Department Staff

The Journal of the Michigan Dental Association

This question and answer column serves as a resource for dental practice management, directing members to information on OSHA and MIOSHA regulations, bloodborne pathogens, and needlestick protocols. It promotes the Donated Dental Services (DDS) program, highlighting CE opportunities and donated lab work. The source also provides details on the Certified Dental Business Professional (CDBP) credential and explains membership dues assistance programs, such as waivers and payment plans.

Top Documenting Mistakes To Avoid: Reduce Your Risk Of A Malpractice Case, Jeff Spindler Mda Ifg, Lynda Farnen Jd

The Journal of the Michigan Dental Association

This month’s cover story addresses the critical importance of accurate patient records in reducing the risk of malpractice suits and Board of Dentistry discipline. It identifies common documenting errors, such as charting only abnormal findings, failing to identify the specific treatment provider, and omitting treatment discussions or drug administration details. The authors emphasize that documentation is a team-wide responsibility and offer guidance on correcting errors and adhering to record retention requirements.

J Mich Dent Assoc January 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons. The January 2026 (Volume 108, No. 1) issue of the Journal is published in a print format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Pediatric Dentistry and 2025 Life Membership recipients.

Regular monthly contributions include:

• Editorial …

Government And Insurance And Access (Cgia) Update, James Budd Mpp

The Journal of the Michigan Dental Association

The MDA Board of Trustees has established its 2026 legislative priorities, focusing on dental loss ratios, assignment of benefits, and virtual credit card payment reform. Key issues include addressing the workforce shortage, student debt, and improving Medicaid anesthesia reimbursement. The update also tracks several House Bills, such as those regarding voluntary license surrender (HB 4929) and foreign-trained dentist licensure (HB 4921), which the MDA opposes to maintain standards. Despite a slow legislative session in 2025, the MDA continues to advocate for transparency in third-party litigation and updates to specialty advertising rules. These efforts aim to protect the profession and ensure …