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
The Association's positions are based on the major policies and positions (PDF) (Members Only) adopted by the ADA House of Delegates.
- 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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ADA News
Select regulatory reform stories from the dental profession's most widely read news source, ADA News.
Ongoing
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Licensure
Advances in dental research, education, and training make dentistry an ever evolving profession—and will naturally require adjustments to the core competencies and associated licensure requirements for practicing dentists. Licensure issues that commonly arise at the state level include, among others:
- Basic competency requirements.
- Continuing education requirements.
- Authority of state dental boards.
- State dental board examination standards and procedures.
- Guidelines for licensure by examination.
- Guidelines for licensure by credentials.
- Licensing dental specialties.
- Licensing volunteer dental professionals.
- Licensing internationally trained dentists.
- Licensure mobility across jurisdictions.
The ADA Department of State Government Affairs (DSGA) offers resources to help state and local dental societies address licensure issues.
For additional information or to request assistance, please contact the DSGA at 312.440.2525 or govtpol@ada.org.
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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.
- 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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Practice Ownership
Practice ownership and operation issues that commonly arise at the state level include, among others:
- Reprisals against dentist employees for exercising independent professional judgment or reporting suspected illegal behavior.
- The extent to which a dentist may own or operate his or her practice if and when an impairment should cause a loss of licensure.
- The extent to which a deceased or incapacitated dentist's surviving spouse, heir(s), or legal representative(s) can maintain ownership of a dental practice during its transition to a new owner.
The ADA Department of State Government Affairs (DSGA) offers resources to help state and local dental societies address legislative and regulatory proposals that would impact practice ownership. For additional information or to request assistance, please contact the DSGA at 312.440.2525 or govtpol@ada.org.
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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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Scope of Practice
Advances in dental research, education, and training make dentistry an ever evolving profession—and will naturally add to the complexity and scope of procedures dentists perform. For that reason, the ADA encourages states to adopt the following as their legal definition of dentistry:
Dentistry is the evaluation, diagnosis, prevention and/or treatment (nonsurgical, surgical or related procedures) of diseases, disorders and/or conditions of the oral cavity, maxillofacial area and/or the adjacent and associated structures and their impact on the human body; provided by a dentist, within the scope of his/her education, training and experience, in accordance with the ethics of the profession and applicable law.
With assurance that the dental team is led by a licensed dentist, the nation’s capacity to provide modern, safe, and effective dental care will continue to advance.
The ADA Department of State Government Affairs (DSGA) offers resources to help state and local dental societies address scope of practice issues. For additional information or to request assistance, please contact the DSGA at 312.440.2525 or govtpol@ada.org.
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Section 1557 - Nondiscrimination Regulations
The ADA is offering resources to help covered practices comply with Sec. 1557 of the Affordable Care Act. Find out more at ADA.org/1557.
- July 29, 2016—Coalition letter (PDF) asking the Department of Health and Human Services (HHS) to delay enforcing the nondiscrimination provisions in Section 1557 of the Affordable Care Act until several issues are resolved. (Click here for the HHS response.)
- July 18, 2016—Letter (PDF) asking the Department of Health and Human Services (HHS) to clarify several issues prior to enforcing the nondiscrimination provisions in Section 1557 of the Affordable Care Act. (Click here for the HHS response.)
- November 2, 2015—Comments (PDF) on the Department of Health and Human Services (HHS) proposed rule governing the nondiscrimination provisions in Section 1557 of the Affordable Care Act.
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.
Prepared by: Division of Government and Public Affairs
Last Updated: October 16, 2017