Regulatory Reform
The ADA works tirelessly to keep federal rules and regulations from having a negative impact on dental practices—and to minimize the burden of those already in place. Though not exhaustive, below is a list of regulatory issues the ADA is addressing in Washington.
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In Congress
- April 1, 2021—Coalition Letter (PDF) to Senators Tammy Baldwin and Joni Ernst as well as Representatives Eshoo and Ferguson expressing dental organizations support for the Ensuring Lasting Smiles Act (ELSA)
- March 17, 2021—Letter (PDF) thanking Representatives Eshoo and Ferguson for introducing H.R. 1916 the Ensuring Lasting Smiles Act in the House.
- March 17, 2021—Letter (PDF) thanking Senators Tammy Baldwin and Joni Ernst for introducing S. 754 the Ensuring Lasting Smiles Act in the Senate.
- November 10, 2020—Letter (PDF) thanking Senator Mike Lee for sponsoring S. 4608 the Military Spouse Licensing Relief Act of 2020, which would allow military spouses portability of licenses.
- October 15, 2020—Coalition Letter (PDF) to the House Education and Labor Committee expressing support for the Ensuring Lasting Smiles Act.
- September 8, 2020—Letter (PDF) to the House Energy and Commerce Committee asking the Committee to favorably report the Ensuring Lasting Smiles Act.
- February 11, 2020—Letter (PDF) to the leadership of the House Ways and Means Committee requesting clarification on H.R. 5826, the Consumer Protections Against Surprise Medical Bills Act of 2020.
- February 11, 2020—Letter (PDF) to the leadership of the House Education and Labor Committee requesting clarification on H.R. 5800, the Ban Surprise Medical Billing Act.
- January 6, 2020—Letter (PDF) thanking the leadership of the House Energy and Commerce Health Subcommittee for holding a hearing on H.R. 1379, the Ensuring Lasting Smiles Act
- January 3, 2020—Coalition Letter (PDF) to the leadership of the House Energy and Commerce Health Subcommittee expressing support for the subcommittee's hearing on H.R. 1379, the Ensuring Lasting Smiles Act
- May 24, 2019—Comments (PDF) to the Energy and Commerce Committee on the No Surprises Act draft legislation.
- September 5, 2018—Coalition Letter (PDF) expressing support for S. 3369, the Ensuring Lasting Smiles Act.
- August 29, 2018—Coalition Letter (PDF) expressing support for H.R. 6689, the Ensuring Lasting Smiles Act.
- September 13, 2017—Letter (PDF) urging the House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law to amend or table H.R. 3446, the Restoring Board Immunity Act of 2017.
- May 4, 2017—Coalition letter (PDF) urging the Department of Health and Human Services (HHS) to address several key issues during any major review and reform of the Department's rules and regulations.
- April 3, 2017—Coalition letter (PDF) urging members of the House Small Business Committee to support for H.R. 33, the Small Business Regulatory Flexibility Improvements Act of 2017.
- April 3, 2017—Coalition letter (PDF) urging members of the Senate Homeland Security and Governmental Affairs Committee to support for S. 584, the Small Business Regulatory Flexibility Improvements Act.
- January 11, 2017—Letter (PDF) urging members of the House Small Business Committee to favorably report H.R. 33, the Small Business Regulatory Flexibility Improvements Act of 2017.
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Federal Agencies
- June 2, 2021—Letter to the Office of the National Coordinator for Health Information Technology on the 21st Century CURES Act rule, asking for clarification of the timeline for the “content and manner” exception, assurance that dentists and other “actors” will not be required to buy ONC-certified EHRs, guidance comparing what is required of “actors” who have certified EHRs and “actors” who don’t have certified EHRs, and asking for a meeting with ONC staff to discuss dentists’ concerns about health IT
- May 6, 2021—Comments (PDF) providing comments to the HHS Office of Civil Rights on HIPAA privacy rules to support and remove barriers to coordinated care.
- August 20, 2020—Letter (PDF) providing comments to the Federal Trade Commission (FTC) on their health breach notification rule. These comments express the ADA’s concerns regarding the rule, specifically that the FTC work to eliminate any overlap Letter (PDF) providing comments to the Federal Trade Commission (FTC) on their health breach notification rule. These comments express the ADA’s concerns regarding the rule, specifically that the FTC work to eliminate any overlap or lack of conformity between the rule and other federal, state, or local laws or regulations.
- December 31, 2019—Comments (PDF) to the Office of the Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) urging the agencies to simplify and coordinate the Anti-Kickback and Physician Self-referral Law regulations to reduce uncertainty and compliance burdens
- July 29, 2019—Comments (PDF) to the Centers for Medicare and Medicaid Services (CMS) for its request for information on reducing administrative burden to put Patients over Paperwork
- July 11, 2019—Letter (PDF) to the Federal Trade Commission to investigate false claims made by SmileDirect, LLC
- June 28, 2019—Comments (PDF) to the Federal Communications Commission on robocalls
- June 5, 2019—Letter (PDF) Letter to the Office of the National Coordinator for Health Information Technology on the Trusted Exchange for Framework and Common Agreement
- June 4, 2019—Letter (PDF) Letter to the Centers for Medicare and Medicaid Services on the Proposed Rule on Interoperability
- June 4, 2019—Letter (PDF) Letter to the Office of the National Coordinator for Health Information Technology on the Proposed Rule on 21st Century CURES Act Interoperability, Information Blocking, and ONC Health IT Certification Program
- February 12, 2019—Letter (PDF) to the Department of Health and Human Services Office for Civil Rights Request for Information on Modifying HIPAA Rules to Improve Coordinated Care.
- January 31, 2019—Letter (PDF) to the Centers for Medicare and Medicaid Services (CMS) requesting clarification on the surety bond issue.
- January 28, 2019—Comments (PDF) on the Office of the National Coordinator for Health Information Technology (ONC) Strategy on Regulatory and Administrative Burden Relating to the Use of Health ITs and EHRs.
- November 19, 2018—Letter (PDF) to the Centers for Medicare and Medicaid Services (CMS) on their proposal to remove the requirement to provide or obtain routine emergency dental care for hospital and critical access hospital swing-bed patients
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ADA News
Select regulatory reform stories from the dental profession's most widely read news source, ADA News.
Ongoing
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Overtime Pay
Visit the ADA Center for Professional Success to find answers to frequently asked questions about the new federal overtime pay rules.
- May 21, 2019 — Comments (PDF) on a Department of Labor (DOL) proposed rule to revise one of several tests-the salary level test-used to determine whether an employee is exempt (or not exempt) from federal overtime pay rules.
- September 1, 2015—Comments (PDF) on a Department of Labor (DOL) proposed rule to revise one of several tests—the salary level test—used to determine whether an employee is exempt (or not exempt) from federal overtime pay rules.
Letters and Testimony reflect the Association's position(s) on specific bills, regulations, and other policy issues, and are based on the major policies and positions (PDF) (Members Only) adopted by the ADA House of Delegates.
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RAC Audits
States often retain private Medicaid Recovery Audit Contractor (RAC) auditors to identify overpayments and underpayments to health care providers who treat Medicaid patients. Unfortunately, many well-meaning dentists are receiving significant and sometimes arbitrary fines for unintentional, often minor infractions when there was never any intent to defraud the government.
The ADA is calling on the Centers for Medicare and Medicaid Services (CMS) to:
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Issue fair, transparent guidelines to protect dentists from being fined for minor, unintentional infractions, such as those resulting from clerical errors, computer glitches, etc.
- Examine the impact state Medicaid RAC audits have had on dentists who treat Medicaid patients and patient access to dental care.
- Compile a list of state education and outreach efforts to ensure dentists can function well within the Medicaid program, as required by law.
- Require Medicaid RAC auditors to use an in-state dentist to review clinical records, as appropriate.
- Revisit the method for determining fines to ensure the process is fair and transparent (i.e., the extrapolation method).
The ADA has been working with lawmakers, regulators, and others to improve the integrity of the Medicaid RAC Audit program:
- July 9, 2014—Letter (PDF) sharing one dentist’s perspective on dental Medicaid Recovery Audit Contractor (RAC) audits with the Senate Special Committee on Aging.
- April 3, 2014—Letter (PDF) urging the Centers for Medicare and Medicaid Services (CMS) to clarify the billing and recordkeeping requirements for the Medicaid Recovery Audit Contractor (RAC) program.
Letters and Testimony reflect the Association's position(s) on specific bills, regulations, and other policy issues, and are based on the major policies and positions (PDF) (Members Only) adopted by the ADA House of Delegates.
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State Issues
Prepared by: Division of Government and Public Affairs
Last Updated: January 8, 2020