Dental Law - What You Need To Know
Dental Law - What You Need To Know
A summary of what every dental practice owner should know and implement in the day to day operations of their practice.
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The Risk Management Process
Risk management is a cycle. That means that it is not something that gets checked off a "to do" list but it is a continuous activity. Having a risk management process means that your practice knows and understands the risks. It also means that your practice has deliberately evaluated the risks and...  Read More
Applying Risk Management to HR
When developing a risk management plan for your practice, there are a number of areas to focus on. This general list will get you started, but it is very important that you identify and evaluate the risks unique to your own practice. HR Activity ...  Read More
Legal Issues in Endodontics
The following questions should be discussed as potential areas of litigation in endodontic treatment:     Was there a misdiagnosis or treatment on the wrong tooth           Did the tooth develop pulpitis and who was responsible?           Did good radiographic technique occur           Was a...  Read More
Employee Interviewing Dos and Don'ts
  There are numerous state and federal anti-discrimination laws designed to assure that employers hire based upon skill, rather than stereotypes. Below is a list of questions that employers should avoid when conducting a new employee interview:     What's your race?     What is your national...  Read More
The 72 Hour Bombshell
In this exciting excerpt from the 2017 Hinman, Stuart J. Oberman, Esq. of Oberman Law Firm discusses the importance of understanding the 72 Hour Rule, or as he call it, the 72 Hour "Bombshell." 72 Hour Bombshell ...  Read More
Risk Management
Below is a list of items that every practice owner should be aware of.     1. Prepare a new comprehensive employee manual (including a social media policy, cell phone and Internet policy), which also includes new overtime regulations.   2. Prepare a new employee package [documents for applications,...  Read More
The Steps Involved in a Practice Transition
The process of a dental practice transition involves several different contracts. Typically, after the practice owner has selected a potential buyer, that buyer will want to obtain financial or operational information about the practice. Before providing a buyer with confidential practice...  Read More
Managing and Supervising Licensed Staff
  Most dental practices employ additional licensed professionals other than their associates. These licensed dental professionals must be managed by a licensed dentist in a structured manner.    Before hiring licensed staff members, it is vital to confirm that their license is current within the...  Read More
Anti-Kickback Laws
The Anti-Kickback Statute and Stark Law are Federal laws that prohibit someone from knowingly or willfully offering, paying or receiving anything of value for a referral Examples of prohibited activities include: ? Waiving a co-payment or deductible ? Accepting payment that is different from...  Read More
Electronic Record Keeping
Use of electronic dental records is expanding and eventually will become standard. There are considerable risk management benefits to electronic records. Some benefits include:     Standardized organization and format           Avoids handwritten, illegible entries           Facilitates complete...  Read More
What to Consider When Performing a Cyber Security Assessment
A cyber security assessment of your dental practice is much more than a review of your practice software. It's vital to analyze both technical and non-technical components of your practice on each of the three pillars of cyber security: people, policies, and technology. Here are some important...  Read More
Practical Guide to Creating an Employee Manual
In the last few weeks, we have received more and more questions as to what additional provisions should be included in an Employee Manual, over and above the "standard" provisions. As a result, outlined below are certain provisions which should be included in every Employee Manual. Employee...  Read More
Signed Informed Consent Forms: A Must
Informed consent is critical to clear and comprehensive patient communication. Dental patients should be well informed on the results of examinations, problems or potential problems. State laws guide the implementation of formal, written informed consent. All dental procedures...  Read More
Dental Records: Documentation and Maintenance
Patient dental records are critical in documenting a patient's care and treatment. The information contained in patient charts should be maintained in an organized, standardized fashion with clear, complete entries. Dental records must be maintained on a concurrent basis immediately after care is...  Read More
HR Audit Checklist - Discrimination and Harassment (A Messy Matter)
This section outlines some of the most important items on your HR audit checklist. Even the appearance of discrimination can cause a large mess for a practice. By staying on top of your HR policy and procedures, you can ensure that your practice is in compliance with state and federal law. Items...  Read More
HR Audit Checklist - Communications
Vital to the daily operations of a practice, no matter the size, is a clear communications policy that allows employees to access concise information regarding their rights and responsibilities both under practice policy and the law. Documents to Review: Employee Handbook Employee...  Read More
HR Audit Checklist - The Hiring Process
You can begin your audit with a deep look into your practice's hiring process. After all, this is the first interaction that employees will have with your practice, and when it runs smoothly, it sets the foundation for the rest of their time there. You also need to make sure that you are not using...  Read More
Patient Risk Management Principles
Patients in dental practices may (and do) file claims because they feel as though they have received poor dental treatment. Professional liability claims are based upon the theory of negligence, which must be proven to support the validity of a claim. Negligence is defined as the failure to...  Read More
Employment Law Compliance
If you are not aware of the ever changing landscape of employment law, you could sustain a substantial financial loss. Personnel issues that arise in a dental practice are a major source of stress for most dentists. Dealing with complex employment matters can be challenging, emotionally draining,...  Read More
How Dental Staff Members Can Reduce Risk
Dentistry is a team business. In a dental practice, staff members are extremely important in every aspect, which includes their ability, whether directly or indirectly, to manage risk. Dental assistants make clinical procedures safer for patients and increase a dentist's productivity. Dental...  Read More
Legal Compliance/HR Best Practices Audit Series: Part 2
It is important that every practice owner conducts a best practices audit to ensure their practice is in compliance with state and federal law. Usual areas of inquiry in a compliance/best practices audit include the following: Involuntary Reductions in Force Insurance (i.e., EPLI) ...  Read More
Legal Compliance/HR Best Practices Audit Series: Part 1
It is important that every practice owner conducts a best practices audit to ensure their practice is in compliance with state and federal law. Usual areas of inquiry in a compliance/best practices audit include the following: Personnel Policies Personnel Procedures Employee...  Read More
Ransomware - Catastrophic Cyber Security Breaches
Dental offices are now being hit with Ransomware (cyber blackmail). If you own or work in a dental practice, you need to know what Ransomware is, and the ramifications of this serious security breach. Ransomware Trojans are a type of cyberware that is designed to extort money from a dental...  Read More
"Must Do" HR Compliance Checklist Series - Employee Discipline and Termination
It is important to conduct a regular review of your HR (human resources) procedures to ensure compliance with the law and prevent employee lawsuits. The checklist below features key steps for evaluating your management practices. All practices should have policies and procedures in place...  Read More
"Must Do" HR Compliance Checklist Series - Performance Reviews
It is important to conduct a regular review of your HR (human resources) procedures to ensure compliance with the law and prevent employee lawsuits. The checklist below features key steps for evaluating your management practices. Performance reviews should be conducted for all employees on...  Read More
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