Читать книгу A Dentist’s Guide to the Law - American Dental Association - Страница 24

The lawyers in the ADA Division of Legal Affairs provide legal guidance to support the ADA’s dedication to protecting you, your patients, and the dentist-patient relationship. In addition to supporting this valuable work on behalf of organized dentistry, the Division’s lawyers provide useful legal information to members such as explaining provider contract terms through the ADA’s Contract Analysis Service, reporting on legal developments, and publishing answers to members’ frequently asked legal questions.

In the legal arena, the ADA from time to time files lawsuits to protect the legal rights of dentists and advance the interests of the dental profession generally. For example, the ADA Legal Division spearheaded the filing of three class action suits on behalf of dentists to help stop what we believe to be unlawful practices by insurance companies. The first two suits, against insurance giants Aetna and WellPoint, fought for the rights of non-participating dentists to be fairly treated by the carriers and charge those carriers with breach of contract, unlawful interference with the dentist-patient relationship, and trade libel. The third, against Cigna and other insurers, fought for the rights of participating dentists to fair compensation for services they provide and alleged the carriers violated the federal racketeering statute and other laws. We’re proud to report that we obtained an excellent result in the Aetna case. The ADA was extremely pleased with the settlement agreement it reached with Aetna, which brought changes to Aetna’s billing practices and reimbursement procedures in a manner unparalleled in the insurance industry. The ADA Legal Division recently filed an amicus curiae brief, and solicited filings of amici curiae briefs by various state attorneys general, in the North Carolina Board of Dental Examiners v. Federal Trade Commission case before the US Supreme Court (the Court’s decision in that case is summarized in Appendix 12).

The ADA’s Division of Legal Affairs also provides guidance to protect the ADA from lawsuits and defends the ADA if sued. Recent examples include the successful defense of numerous lawsuits against the ADA about its position on dental amalgam, which helps free dentists to continue to offer this treatment option to patients. Our lawyers also advocate on behalf of dentistry by filing “friend of the court” briefs with the U.S. Supreme Court and other appeals courts in appropriate cases involving issues potentially affecting dentists and patients. In addition, the ADA’s lawyers often partner with other divisions to work proactively on your behalf. Some great examples include urging the federal government to limit the scope of HIPAA privacy regulations, developing user-friendly seminars and publications to facilitate your understanding of important legal issues and enhance your practice’s compliance efforts, and assisting with the ADA’s efforts to limit the applicability to dental practices of the federal Red Flags Rule and to promote repeal of the McCarran-Ferguson Act, which exempts insurance companies from certain federal antitrust restrictions.

So in addition to providing you with valuable legal information, protecting the ADA from lawsuits, and defending the ADA when sued, ADA’s lawyers are powerful advocates for you and the patients you serve.