LEGAL QUESTIONS AND REGULATORY COMPLIANCE
In this month’s article, I wanted to focus on what the intent of this column is on a monthly basis and what services the ODA provides to members around legal questions and regulatory compliance. The Legal & Legislative column aims to highlight a legal or regulatory question that has been posed recently by a member or members of the association. This allows for a broad range of topics and keeps the information current to what is going on in the practice of dentistry across the state. Every month this section will discuss an active legal or regulatory issue in hopes of allowing members to gain understanding of possible situations and best practices to address them. Further, because this is the legal section of the “ODA Today” we also cover any changes to the law or rules relating to the practice of dentistry. In the past year you will find articles discussing the implementation of the non-covered services law and the tax implications of the changing Commercial Activity Tax in Ohio. Questions about how the law impacts your practice are answered in many articles throughout the year.
Other legal topics that have appeared over the past year include the law around terminal distributor of dangerous drugs licenses and the exemptions that some practitioners in Ohio utilize. Wrote an article to understand which government entities will interact with your practice and how to develop a policy to limit liability and respond in a prompt and pointed manner. Developing office policies, creating an employee handbook, employment issues, and staffing are also common topics. In the most recent edition of the “ODA Today” we discussed how having a policy on record retention is crucial in managing risk and following the law. To develop a records retention policy, it is always best practice to discuss your proposed office policy with your malpractice provider because they will be the ones who represent you if a malpractice claim is brought. In having that conversation, it is important to understand the law in Ohio. Ohio has a four-year statute of repose that requires a malpractice suit to be brought within four years of the date of service, except for a minor who has four years after they turn 18 to bring a claim. Also, if your practice takes Medicaid or Medicare, you must keep records for six and seven years, respectively. In that article we drew ideas from conversations we have had with other members and believe that the article covers most scenarios that come up with all things records.
Regulatory compliance goes hand in hand with legal information from the ODA. Regulations come from government agencies authorized by laws passed by the legislature. These rules can create obligations from a provider or clarify how to practice dentistry. In the past year one of the main regulatory compliance topics covered was the new anesthesia and sedation rules passed by the Ohio State Dental Board. As a part of the advocacy efforts of the ODA, we regularly interact with the dental board and try to relay information directly to the ODA membership regarding rule changes. The anesthesia and sedation rules passed by the board were years in the making and the ODA continued to give updates to the membership throughout the rule making process. Further, ODA members have access to the ODA’s regulatory compliance guide, the Ohio Dentist Advisor. Almost any question regarding regulatory compliance is answered in that document and is presented in an easily searchable format.
Lastly, this column updates members on any other advocacy related topic throughout the state and nationally. You will find information on where the ODA stands on current legislative issues and the progress of those initiatives. In the past year we have discussed insurance reform in the state of Ohio, licensure portability issues, Medicaid reimbursement and most recently the fight to keep community water fluoridation.
If you have any legal or regulatory compliance questions, please reach out to the ODA at any time and we will work through your questions. Further, in our experience we can also recommend the correct time to utilize personal legal counsel if necessary. The legal department at the ODA can be reached at (614) 486-2700 or through email at eric@oda.org.
