Health Law and Policy Commons^™

Guest Editorial: Who’S Special Now?, Michael Maihofer Dds

The Journal of the Michigan Dental Association

This editorial discusses a controversial change in Michigan's dental specialty advertising law, which occurred in 2020. Previously, only state-recognized specialists, undergoing rigorous advanced training, could advertise their specialty status. However, a new rule, resulting from an out-of-court settlement, paradoxically allows general dentists not recognized as specialists to advertise as such without following advertising rules. This change is criticized for undermining public protection and creating unethical, misleading situations where general dentists advertise as pediatric dentists, for instance. The Michigan Dental Association (MDA) is actively working to revert this law by supporting House Bills 4593 and 4594 to ensure only recognized specialists …

News You Need July 2025

The Journal of the Michigan Dental Association

News You Need for July 2025 includes a listing of MDA members who have completed service on committees; a link to recent MDA Board actions; news about two dental journalism awards won by the MDA Journal; how younger patients are negatively influenced by social media; a letter to the editor regarding dental insurance; information about MDA Foundation scholarships; members receiving awards; a calendar of events; a patient fact sheet; and more.

J Mich Dent Assoc July 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 5,800 members. It stands as the primary publication reaching Michigan dentists. The all-digital July issue features Dr. Michele Tulak-Gorecki’s "It’s Time to Dare Greatly at the ADA," where she outlines her vision for ADA president-elect, focusing on financial integrity, strengthened advocacy, and fostering unity amidst challenges like declining membership and issues with the association management system.

Supporting articles highlight the MDA’s endorsement of MEDVA, offering cost-effective, HIPAA-compliant virtual assistant solutions for dental practices to …

Dentistry And The Law: What Ever Happened To The Ban On Covenants Not To Compete?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission's (FTC) rule banning most employee non-competition agreements remains held up, despite a scheduled September 2024 effective date, due to ongoing court challenges with conflicting decisions. Recent changes at the FTC, including the appointment of a new chair (Andrew Ferguson) who previously opposed the ban, suggest a potential reversal or non-enforcement by the current Trump administration. While motions have been filed to hold appeals in abeyance, the FTC's formation of a new Joint Labor Task Force complicates the outlook, indicating continued focus on antitrust issues in the labor market. A clear outcome or timeline for the ban …

What To Know About Release Of Information, Authorization, And Records Requests, Jennifer Cosey

The Journal of the Michigan Dental Association

This article clarifies HIPAA regulations regarding the disclosure of protected health information (PHI). It distinguishes between a "Right of Access" request, where a patient directly seeks their own record (no authorization needed), and an "Authorization," which is required for disclosures beyond treatment, payment, or health care operations, or to third parties for ongoing access. The author details activities permissible without authorization, such as coordination of care, billing, and quality improvement. Specific examples are provided for situations requiring authorization, like disclosing PHI to attorneys or for marketing. The article also outlines seven essential elements for a HIPAA-compliant authorization form

The Mda's Impact: Going Beyond Insurance Reimbursements, Todd Christy D.D.S.

The Journal of the Michigan Dental Association

Dr. Todd Christy, MDA Immediate Past President, acknowledges that inadequate insurance reimbursement rates are a major concern for dental practices. He explains that federal antitrust laws restrict the MDA from directly intervening to "fix" these rates. However, the article emphasizes that the MDA provides significant value and advocacy in many other areas crucial to dentists. Key achievements include eliminating the tax on dental prosthetics, legislating network leasing protections, expanding kindergarten oral health assessments, and regulating mobile dentistry. The MDA also offered vital support during the COVID-19 pandemic, advocated for increased Medicaid facility fees for anesthesia procedures, and assists members with …

Be Aware Of These Hazard Communication Standard Changes, Jennifer Cosey

The Journal of the Michigan Dental Association

Executive Summary: This regulatory update outlines OSHA's revised Hazard Communication Standard published on May 20, 2024, with staggered compliance dates ranging from 18 to 42 months after publication. The changes primarily affect manufacturers and distributors, who must now provide Safety Data Sheets (SDSs) with their first shipments and updates. For dental practices, the standard applies to products containing 1% hazardous ingredients or 0.1% carcinogens, such as disinfectants, medications, amalgam, and adhesives. Key changes include new definitions for liquids, solids, and physical hazards, updated labeling requirements for small containers (≤100 ml), and improved accessibility requirements for SDSs. Manufacturers must now provide …

J Mich Dent Assoc June 2025

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association is the leading monthly digital publication serving Michigan’s oral health community and the MDA’s 6,200+ members. Distributed globally through the searchable ADA Commons publishing platform, it is the primary channel for news, clinical insights, and professional resources for Michigan dentists.

June Issue Highlights:

• Cover Feature: An in-depth report on the MDA’s advocacy efforts beyond insurance reimbursement, highlighting recent legislative wins and member services that support practice profitability and success.
• Workforce Well-being: A special feature on the stages of stress and burnout, with strategies and resources to support mental health and resilience.
• Compliance Update: …

Dentistry And The Law: Can I Use Patient Information To Respond To Internet Criticism?, Daniel Schulte J.D.

The Journal of the Michigan Dental Association

This legal guidance addresses dentists' inability to respond to negative online reviews using patient information. The article explains that HIPAA and Michigan's Dentist-Patient Privilege Statute prohibit healthcare professionals from disclosing patient information without authorization, even when defending against false or defamatory online posts. Unlike patients who can freely share information about their treatment, dentists face significant legal restrictions. The author notes that legal recourse is often difficult due to challenges in proving poster identity, distinguishing factual statements from opinions, and demonstrating specific damages. The recommended approach is to avoid responding to negative posts and instead focus on reputation management through …

J Mich Dent Assoc May 2025

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association is published digitally each month through ADA Commons, reaching 166 countries and accumulating over 35,800 downloads. This extensive reach provides news, information, and features about Michigan dentistry, our state's oral health community, and the MDA's 6,200+ members. It serves as the main publication for connecting with Michigan dentists.

The May issue features:

• An informative interview with Dr. Cheri Newman, the MDA’s new president.
• A feature article from Delta Dental on the utilization of dental services pre- and post-COVID-19 and how the continuing decline in the utilization of restorative services may impact plan design. …

It's Time For Some Important Conversations About Fluoride, Jessica R. Bentoski D.D.S., M.S., F.A.A.P.D., Sam Blanchard Dds, Ms

The Journal of the Michigan Dental Association

The guest editorial by the Michigan Academy of Pediatric Dentistry's Drs. Jessica Bentoski and Sam Blanchard, addresses growing public debate surrounding community water fluoridation and emphasizes the vital role of dental professionals in providing evidence-based guidance to parents. As pediatric dentists, the authors highlight that fluoride remains a cornerstone in preventing childhood caries—still the most common chronic disease in children. They stress the need to understand and address parental beliefs, misinformation, and concerns through respectful, informed dialogue. Removing fluoridation could exacerbate oral health disparities and misperceptions about fluoride safety. The authors call on colleagues to initiate important conversations, advocate for …

Mda At Your Service: Questions About Dental Insurance Participation, Kristin Johnson Dds

The Journal of the Michigan Dental Association

This article by the MDA membership Chair Kristin Johnson and the Michigan Dental Association (MDA) Department on Membership addresses common questions from dental professionals. It highlights the MDA's endorsement of PPO Negotiation Solutions to help members maximize profitability through insurance network participation and fee negotiation.

The MDA also provides guidance on hiring associates and their network participation, emphasizing the importance of understanding patient base and practice goals. Furthermore, the document outlines the MDA's resources for patient inquiries on water fluoridation, including talking points and online materials. Information on MIOSHA regulations and compliance within dental practices is also available through the …

Dentistry And The Law: What Causes A Lara Investigation?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This "Dentistry and the Law" column by MDA Legal Counsel Dan Schulte addresses the process by which the Michigan Department of Licensing and Regulatory Affairs (LARA) initiates investigations against dental professionals. He explains that most investigations begin with a filed allegation, which can come from various sources, including patients, ex-employees, insurers, and other dentists.

LARA is required to review all allegations and generally needs authorization from the Board of Dentistry to proceed with an investigation, unless immediate jeopardy exists or the licensee has a history of substantiated allegations or significant malpractice settlements. The column highlights that LARA may possess more …

Staff Matters: Understanding And Implementing The Earned Sick Time Act, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This month’s "Staff Matters" column provides a summary of the recent amendments to the Earned Sick Time Act (ESTA) in Michigan, which brought significant changes just as the original effective date approached. It clarifies the effective dates for different employer sizes, with small employers (10 or fewer employees) having an extended deadline of October 1, 2025. The article outlines key changes related to structuring time banks, policy revisions, and required employee notifications. It also mentions free resources and tools available through HRM Services and a revised MDA Staff Matters® Sample Employee Handbook to aid in ESTA compliance.

Mda Services: Get Help To Take The Pain Out Of Regulatory Compliance, Reva Darling

The Journal of the Michigan Dental Association

This article from MDA Services highlights the challenges dentists face with regulatory compliance and the MDA's efforts to endorse companies that offer solutions. It emphasizes that MDA-endorsed companies, such as Eagle Associates, provide HIPAA compliance systems, OSHA safety programs, and OIG compliance programs with policy manuals, training, and ongoing support. The article also discusses HIPAA-compliant email solutions offered by iCoreConnect (iCoreExchange) and electronic prescribing software (iCoreRx) that integrates with MAPS, both available to MDA members at discounted rates.

Going Non-Par: What Are Your Options?; With Sidebar: One Dentist’S Experience With Going Non-Par, Alan Laing Dds, Mba, Greg Maxson Dds

The Journal of the Michigan Dental Association

The article discusses the considerations for dental practices contemplating dropping insurance participation (going non-par). It emphasizes the importance of analyzing practice objectives, patient demographics, competition, and financial policies before making this decision. The transition to non-par status can impact patient relationships and requires a strong financial and collection policy. Ultimately, the decision should be based on a thorough understanding of the practice and its goals.

The sidebar presents supplementary content and includes a call for MDA members to share their experiences with non-participation in insurance plans and features Dr. Greg Maxson's personal account of going non-par. Dr. Maxson emphasizes that …

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

The Journal of the Michigan Dental Association

This legal article explains how antitrust laws apply to dentists and dental associations. It clarifies that violations occur when competitors agree to activities that unreasonably restrain competition. The article distinguishes between "per se" illegal activities (price-fixing, group boycotts, allocation of territories) and those evaluated under the "rule of reason." Specific examples of prohibited activities include agreements on fees, discount limitations, or refusals to participate with dental plans. Enforcement can come from the DOJ, FTC, state agencies, or private lawsuits, with penalties including imprisonment, fines, and treble damages.

J Mich Dent Assoc April 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The April issue marks the end of an era, as the MDA announced it would discontinue providing a print issue and focus on digital distribution.

This month’s issue includes a cover feature on going non-par, a feature article on pterygoid implant placement and restoration, candidate’s biographical statements, and information on a new membership benefit for health and well-being. Regular departments include the New …

Dentistry And The Law: How To Handle Visits Or Contacts By An Ice Agent, Daniel Schulte J.D.

The Journal of the Michigan Dental Association

The article addresses how dental practices should handle visits from Immigration and Customs Enforcement (ICE) agents following the January 2025 revocation of the "sensitive locations" policy. While ICE agents can enter public areas without warrants, they require judicial warrants, administrative warrants, or subpoenas to access private areas. Practices should verify agents' identities, follow established law enforcement policies, and protect patient information under HIPAA guidelines. The article recommends developing comprehensive policies and training staff to handle law enforcement visits appropriately.

J Mich Dent Assoc March 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. This month’s issue offers an insightful article on general-purpose AI to boost creativity and efficiency in dental practice. Helpful tips on protecting your reputation are provided in an article on Myths, Tips, and Tricks to manage online reviews. Readers then learn that ADA Commons provides much more than access to current and past articles and issues of the Journal of the Michigan Dental …

Online Reviews: Myths, Tips, And Tricks, Anish Gupta D.D.S.

The Journal of the Michigan Dental Association

Online reviews are a source of reputation marketing which are valuable to the practice of dentistry. Reviews bring patients in and provide social proof for your practice. We discuss what makes a good review, tips to get reviews, and dispel certain myths regarding online reviews.

Build Your Practice With Dental Revenue Cycle Management, Robert Mcdermott

The Journal of the Michigan Dental Association

This article explores the essential role of Dental Revenue Cycle Management (RCM) in ensuring the financial success and sustainability of a dental practice. Many dentists, especially those new to solo practice, struggle with managing the business side of dentistry, particularly the complexities of RCM. The article outlines the key steps of RCM, including patient scheduling, insurance verification, claims submission, and payment processing, emphasizing how a well-managed system ensures steady cash flow and enhances patient experience. Key challenges in RCM include lack of formal business training, evolving insurance regulations, and the risk of delayed reimbursements, which can threaten a practice’s viability. …

Dentistry And The Law: What You Should Know About Collecting Past-Due Accounts, Daniel Schulte J.D.

The Journal of the Michigan Dental Association

Michigan law regulates debt collection practices for dental offices collecting past-due accounts. While practices can collect their own debts, they must follow specific restrictions regarding workplace communications. The law prohibits harassment, deceptive practices, and sharing debt information with employers or coworkers. Contact at workplaces must be discreet, civil, and cease if the patient expresses inconvenience. Communications are restricted between 9 p.m. and 8 a.m. without permission.

J Mich Dent Assoc February 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists. The February issue sets the tone for the MDA’s Annual Meeting, Revving Up Dentistry, this April in Detroit.

A detailed Annual Session Preview is included within the Journal with course listings and activities planned for the four-day event. Regular Departments: News You Need, New Dentist Column, MDA Insurance, Dentistry and the Law, Staff Matters, MDA at your Service, Governmental Affairs, and a Michigan Dental …

Dentistry And The Law: The Difference Between ‘Non-Covered’ Vs. ‘Disallowed’ Services, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The article clarifies the distinction between "non-covered" and "disallowed" services in dental plan audits. Non-covered services are not included in the patient’s dental plan, often due to plan limitations, while disallowed services are covered but deemed non-payable due to issues like claim deficiencies or lack of documentation. Dentists must review their contracts to understand obligations regarding non-covered services and ensure compliance with HIPAA for patient-paid services. For disallowed services, contesting decisions may be possible depending on the agreement with the dental plan.

J Mich Dent Assoc January 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists. The January issue sets the tone for February, the observance of Children’s Dental Health Month.

Michigan Academy of Pediatric Dentistry President Jessica Bentoski welcomes readers to this special issue, which features a cover feature on “Approaches to Care for Children with Special Needs in Dental Settings: Desensitization and Teledentistry” and a supporting article on “General Dentists’ Education, Knowledge, Attitudes, and Behavior Concerning the Effects …

Advocacy Spotlight: Understanding The Mda's Role With Dental Insurance Reimbursement Rates, Daniel Miller D.D.S.

The Journal of the Michigan Dental Association

The Michigan Dental Association (MDA) is dedicated to advocating for members and advancing the dental profession. While federal laws prohibit the MDA from negotiating reimbursement rates with dental insurers, it provides significant support through education, advocacy, and resources.

Key initiatives include enhancing transparency in network leasing, endorsing PPO Negotiation Solutions to help practices optimize contracts, and offering educational programs on billing and coding. The MDA also facilitates peer networking and equips dentists with tools to navigate insurance challenges effectively.

Looking ahead, the MDA remains committed to empowering members through advocacy, guiding future dentists on contract literacy, and fostering a resilient …

Dentistry And The Law: Overlooked Purchase Agreement Terms, Daniel Schulte Jd

The Journal of the Michigan Dental Association

Selling a dental practice involves numerous legal, financial, and operational considerations. Assembling a team—including a lawyer, accountant, broker, and insurance professional—is crucial for ensuring a smooth transaction. While letters of intent are optional, they help define terms like exclusivity, due diligence, and confidentiality.

Purchase agreements, often drafted by the buyer’s lawyer, should detail asset allocation, tax implications, and handling of accounts receivable. Neglected areas such as work-in-process procedures and rework responsibilities must also be addressed to avoid disputes. Properly planning and negotiating these terms protects both buyer and seller, minimizing post-sale complications and ensuring a seamless transition of ownership.

J Mich Dent Assoc December 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists.

The December issue includes a timely cover feature on evidence supporting community water fluoridation, a clinical feature answering questions on patient dental records, a guest editorial on leadership by former MDA Journal Editor Dr. Bill Chase, and a Back Page article on how a personal touch makes a difference. We also provide our annual 2024 Author/Title Index and regular departments: The New Professional, …

Water Fluoridation: The Evidence Behind The Risk Of Fluoride Use, Margherita Fontana D.D.S., Ph.D., Carlos González-Cabezas D.D.S., M.S.D., Ph.D., Livia Tenuta D.D.S., M.Sc., Ph.D.

The Journal of the Michigan Dental Association

The debate surrounding fluoride use for caries control has intensified due to recent events, including a National Toxicology Program (NTP) report and a court ruling mandating EPA action on fluoride levels in tap water.

Despite concerns about fluoride's potential neurodevelopmental impact at high concentrations, current evidence shows no adverse effects at the recommended levels of 0.7 ppm in U.S. community water fluoridation programs. While studies in regions with endemic fluorosis suggest an association between high fluoride exposure and lower IQ, methodological limitations undermine causal conclusions.

Global and U.S. health authorities, including the WHO and ADA, reaffirm the safety and efficacy …