Category: Legal Issues

Dentists often volunteer their time delivering free or significantly discounted dental treatment to patients who might otherwise not receive care. While the vast majority of such patients are grateful for the services they receive, charitable intentions do not negate potential liability. Fortunately, the Ohio General Assembly has taken steps to ... [continue reading]

All states including Ohio have some type of unclaimed property law that declares money, property or other assets to be abandoned after a period of inactivity. Abandoned or unclaimed property, although not considered a tax, has become a significant source of revenue for many states. Additionally in this information age, states have become much more ... [continue reading]

An article recently published by "The Associated Press" reports that more dentists are marketing in-office dental plans (commonly referred to as "membership plans" or "discount clubs") as a way of making care more affordable and encouraging people to get routine cleanings and check-ups. Under such plans, patients pay a set annual or monthly ... [continue reading]

Since the advent of federal privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA), dental offices have focused their attention on the security and safeguarding of the health information they gather on patients in the course of treatment. Concerns about patient privacy have forced offices to exercise caution on ... [continue reading]

Today, many patients investigate your office prior to an initial appointment using Internet ratings sites such as Yelp, Healthgrades, Bestdentists, Angie’s List, and RateaDentist. A majority of consumers report to trust online reviews as much as personal recommendations, meaning a single negative review can harm your practice by turning away ... [continue reading]

The Telephone Consumer Protection Act (TCPA) is a federal law that was adopted to address the growing problem of unwanted telemarketing communications by regulating how businesses communicate with consumers through residential telephones, cell phones, text messages and faxes. The Federal Communications Commission (FCC) recently issued a ... [continue reading]

Due to the growing volume of information that is being transferred and stored away each day, businesses are beginning to realize the importance of adopting a records retention policy. The purpose of adopting such a policy is to establish an official procedure for managing records. A well-crafted records retention policy specifies a detailed method ... [continue reading]

Dental radiographs provide information critical to the identification and treatment of oral health problems. For example, radiographs are the only reliable way to view the bone, roots, attachments, interproximal areas, and under and around restorations. Despite the significant benefit of such images, some patients refuse to have radiographs taken ... [continue reading]

Dental offices are often tempted to classify temporary workers such as dental hygienists, associate dentists and in-house lab technicians as independent contractors rather than employees as a way to reduce costs. For example, employers must generally withhold federal income taxes, withhold and pay over social security and Medicare taxes, and pay ... [continue reading]

As the new director of legal and legislative services at the Ohio Dental Association, I am pleased to participate in the “ODA Today”’s Legal Briefs column discussing various legal and ethical issues confronting dentists. The ODA regularly receives calls from our member dentists seeking guidance on how to handle specific scenarios ... [continue reading]