Legal Resources

Legal FAQs

The Basics of "Medicare Opt-out" for Florida Dentists

Effective June 1, 2015, Medicare Part D will no longer reimburse patients (assuming they have purchased Part D coverage) or pharmacies for prescriptions dentists write unless the dentist opts in and enrolls, or opts out and enters into a private contract with the patient.

Confusing?  Click here for an article and infographic to help you decide.

Step by Step: BOD Licensure Discipline Process

This handbook will take you through Florida licensure discipline process and provide practical risk management advice (“tips”) on how to avoid and defend against it. ​

Please click here for the handbook.

Informed Consent Documents

Under Florida law, an adult (generally, anyone over 18) is presumed to have exclusive authority to make his or her own health care decisions, barring unusual circumstances not likely to be seen in dental practice. Authorization to treat is accomplished through the informed consent dialogue, but an informed consent form is not the best way for the doctor to address who is responsible for decision-making. There are two forms that dentists should expect to see when treating an elderly patient suffering from dementia or any other patient who lacks the ability to act on matters involving their health.

The Designation of Health Care Surrogate form usually is seen only when the elderly patient is an in-patient at a hospital, nursing home, or hospice and there is a medical diagnosis of dementia. A durable limited power of attorney for medical decisions is far more common in the dental setting. 

Designation of Health Care Surrogate
Durable Limited Power of Attorney to Provide Medical Consent

You Want Me to Sign What?
A Florida Dentist's Handbook on Managed-care Contracts

This FDA members-only handbook has everything you need to know about managed-care contracts, including: the types of health care delivery systems; various forms of MCO models; reimbursement methods; the different risks with MCOs; how to negotiate with MCOs step by step; and, much more!
​​ Click here for the handbook. 

The Dos and Don'ts of Dental Advertising

Are you thinking about advertising your practice? Are you already advertising? The FDA wants Florida dentists to know about advertising restrictions under Florida law and the aspirational goals established by organized dentistry. Many doctors are unaware of the advertising prohibitions. Even unintentional violations of the advertising rules may subject a dentist to discipline from the Florida Board of Dentistry. Read this article to ensure you are not violating any dental advertising restrictions.

Click here for the article.

Section 1557 of the Affordable Care Act for Florida Dentists

New rules under Section 1557 change how dentists interact with patients who are deaf and hard of hearing (DHOH), and patients with limited English proficiency (LEP), which means they are not fluent in English.​ Covered entities cannot charge patients for the translation or interpreter services. Nor can you use “unqualified” family members or staff to serve as translators or interpreters. The interpreters must be “qualified” — meaning they have shown ability in both English and the target language, adhere to a code of ethics, follow patient privacy laws and sign a business associate agreement. Note that this definition of covered entities is completely different from the definition used by Federal HIPAA law.

Covered entities under Section 1557 include any health program or activity, any part in which receives federal funding from the Department of Health and Human Services (HHS), such as hospitals that accept Medicare or doctors who receive Medicaid payments; the health insurance marketplaces and issuers that participate in those marketplaces; and, any health program that HHS itself administers. Covered entities under Section 1557 include doctors who treat Medicaid or Florida Healthy Kids patients. Doctors who have accepted meaningful use payments under electronic medical records incentive programs also must provide these services. Doctors who bill for durable medical equipment (sleep apnea devices) under Medicare are exempt, and it is unclear whether military and dependents are covered or not.

To help you, the FDA has published a free, downloadable LEP card that you can keep at your front desk. It is designed to help patients with LEP indicate which language they speak.

Click here for the full article. 
Click here for the LEP Card.

Starting a Dental Practice in Florida?

​Starting a dental practice may seem to be a daunting task. Where do you start? What do you do? Questions, questions, questions, you need answers! First, look at the following resource guide compiled by Graham Nicol, Esq. It is a great place to begin fulfilling your dream of owning your own dental practice in Florida.

Click here for the resource guide.
Click here for the New Dental Practice Checklist.

Required Posters for the Workplace

There are many federal and state laws that require dental offices, like other employers, to conspicuously post up to a dozen notices in locations accessible to employees. As a practicing dentist, it can be hard to keep up with all the rules and regulations — that’s where your membership works for you. The FDA has done all the dirty work to provide our members access to free ways to comply — no need to spend hundreds of dollars to purchase forms from an outside group. Depending on the number of employees in your practice, you may need all or some the posters listed on the chart.

Click here for the chart.

New Florida Minimum Wage Poster for 2018

Effective Jan. 1, 2018, Florida’s minimum wage will increase from $8.10 per hour to $8.25 per hour. This routine adjustment is based on the federal Consumer Price Index. It should not have much impact in the dental profession. For example, full-time workers being paid minimum wage will get about $6 more per week or about $312 per year pre-tax.

More important is the requirement that you replace your old minimum wage poster with the 2018 version. Below is the 2018 poster in English, Spanish and Creole for your convenience.

Minimum Wage poster - English
Minimum Wage poster - Spanish
Minimum Wage poster ​- Creole

Danger Zones in Employment Agreements

Congratulations! You’ve graduated, passed all the examinations and met all the requirements to be licensed as a dentist. Even better, you have an offer of employment. However, before your first day at the practice, you’re presented with an employment agreement. What now? Click here ​for a summary of important considerations with respect to employment agreements.​