A Dentist's Guide to the Law.

Intro -- Title Page -- Copyright page -- Acknowledgements -- About the Book -- A Letter from ADA's General Counsel -- Disclaimer -- Table of Contents -- Section 1: Introduction -- Chapter 1: How to Use This Book -- 1. How Should I Use This Book? -- 2. Will You Give Me a Referral to a Lawyer in My Area? -- 3. What Does a Dentist Need to Know to Select the Right Lawyer? -- Chapter 2: Know the Law -- 4. What Are Some Laws That Apply to Dentistry? -- 5. What Key Federal Laws Apply in Dentistry? -- 6. What Key State Laws Do I Have to Comply With? -- Chapter 3: Lawsuits -- 7. What Are the Penalties for Violating HIPAA? -- 8. I've Been Sued. What Do I Do? -- 9. Should I Settle? On What Terms? -- 10. Must a Settlement of a Malpractice Claim Be Reported to the Data Bank? -- 11. Will the ADA Represent Me or File a Brief on My Behalf? -- Chapter 4: The ADA Legal Division -- 12. What Do the ADA's Lawyers Do for Me? -- Section 2: Establishing the Dental Practice -- Chapter 5: Practice Formats: The Business/Legal Structure -- 13. What Business Structure Options Do I Have? -- 14. What Are the Advantages and Disadvantages of a Sole Proprietorship? -- 15. What Are the Pros and Cons of a General Partnership? -- 16. Does a Limited Partnership Have Advantages over a General Partnership? -- 17. What Is There about a Corporation That Would Make Me Want to Incorporate My Practice? -- 18. Will It Help Me to Be a Limited Liability Company? -- 19. Should I Create an Operating Agreement if I Choose the LLC or PLLC Format? -- Chapter 6: Dental Office Design -- 20. What Laws Affect Office Design? -- 21. What Does the Americans with Disabilities Act (AwDA) Require for Office Design? -- 22. Isn't There a "Grandfather" Provision That Exempts Me from the AwDA? -- 23. What Is a "Drive-By" Lawsuit?.

24. I Rent My Office Space. Isn't AwDA Compliance the Building Owner's Responsibility? -- 25. What Are the AwDA Requirements for Existing Facilities? -- 26. What Are the AwDA Rules for Renovation and New Construction? -- 27. How Do I Get More Specific Information about the AwDA Accessibility Requirements? -- 28. Do I Still Have to Comply with State and Local Laws? -- 29. Does HIPAA Impose Requirements Related to Dental Office Design? -- 30. Could Other Dental Issues Affect Office Design? -- 31. Is Video Surveillance Permitted in the Dental Office? -- 32. Should I Rely on Design Professionals, and What Should Their Contracts Include? -- 33. Do My Dental Exam Chairs Need to Be Accessible to Patients with Disabilities? -- 34. Should I Have an Automated External Defibrillator (AED) in My Dental Office? If So, Where? What Legal Concerns Are There with Respect to an AED in the Dental Office? -- Chapter 7: Practice Marketing -- 35. What Legal Limits Are There on Advertising My Practice? -- 36. What Rules Apply to Dental Specialty Claims? -- 37. Can I Use ADA Materials or Other Existing Material in Promoting My Practice? -- 38. Can I Use the ADA Logo to Market My Practice? How Can I Use the ADA Logo on My Website? What Rules Apply to the ADA Membership Logo? -- 39. Is My Website Exempt from These Traditional Practice Marketing Rules? -- 40. Can I Send Information about Products or Services to Patients, or Provide Patient Lists to a Company That Wants to Send Them Information? -- 41. What Can I Do If a Negative Rating, Review, or Comment about My Practice Is Posted on a Blog or Website? -- 42. Can My Dental Practice Advertise That We Accept Medicaid? -- 43. Does Our Dental Practice Need to Be Aware of What Federal Laws Apply to Commercial Messages Sent via Telephone, Email, Fax, and Text? -- Chapter 8: Practice Websites.

44. What Are Some of the Liability Issues with Practice Websites? -- 45. What Protective Measures Can I Build into the Design of My Site to Help Avoid Liability? -- 46. What Steps about Site Content Can I Take to Reduce My Legal Exposure? -- 47. Are There General Rules for Communicating Online? -- 48. When Do I Need Permission to Use What Is Not Mine on My Website? -- 49. How Can I Protect What Is Mine on My Website? -- 50. Should I Have Written Contracts with Professionals I Hire to Help Design My Website? -- 51. Does My Dental Practice Website Need to Be Accessible to People with Disabilities, Such as Someone Who Is Blind or Hard of Hearing? -- 52. Do I Really Have to Worry about All This? Won't My Website Be Insured? -- Section 3: Employment Law -- Chapter 9: Introduction to Employment Law -- 53. What Employment Law Issues Arise in a Dental Office? -- 54. What Law(s) Do I Have to Comply with-Federal, State, or Local Law? -- 55. What Is the Risk of Non-Compliance? -- 56. Who in My Office Needs to Know Employment Laws? -- 57. Are These Employment Lawsuits I Hear about Real? -- 58. What Laws Govern LGBT Employment Discrimination? -- 59. How Can I Make Sure That My Practice Stays Ahead of Discrimination Incidents Following the Bostock Ruling? -- Chapter 10: Office Manual and Policies -- 60. How Can I Protect My Practice? -- 61. Are There Special Concerns Dentists Should Have about Employment Lawsuits? -- 62. Is Having an Office Policy Manual or Employee Handbook a Good Idea? Will It Take Care of My Legal Needs? -- 63. What Office Policies Do I Need? -- Chapter 11: Hiring -- 64. When Hiring an Associate Dentist, Do I Need a Written Contract and, If So, What Should Be in It? -- 65. What Is the Importance of the Exempt versus Non-Exempt Distinction? -- 66. Can I Conduct a "Working Interview" with a Prospective Employee?.

67. Can I Require Drug Testing of Applicants? -- 68. What Information Should Be Included in a Background Check for a Potential Employee? Can a Credit Check Be Run before Hiring a New Employee? -- Chapter 12: Managing the Dental Team -- 69. How Should I Approach Performance Appraisals? -- 70. How Should I Handle Employee Discipline? -- 71. What Should I Do If the Employee Engages in Unlawful Acts, Such as Embezzlement, Theft, or Writing Prescriptions on Stolen Pads? -- 72. I'm Concerned about a Disturbing Change in the Behavior of an Individual Who Works in My Dental Practice. What Should I Do? -- 73. What If I Suspect an Employee or Coworker Is Abusing or Taking Drugs from the Dental Office? -- 74. Must a Dentist Be Present When a Hygienist Is Working? -- 75. Do I Need to Pay Practice Staff for the Time They Spend Taking Continuing Education Classes or Other Outside Training? -- 76. What Are My Obligations as an Employer When an Employee or an Associate Dentist in My Practice Has Been Called to Active Duty by the Military? -- 77. What Do I Need to Document? -- 78. What Notices Must I Post about Employment Matters? -- 79. Are There Employment Law Resources That Can Help Me? -- Chapter 13: Termination -- 80. What Issues Arise When Terminating an Employee? How Does Employment "At Will" Fit In? -- 81. Can I Terminate an Employee Who Has HIV? What about an Employee Who Has Hepatitis C? -- 82. Can I Terminate a Staff Person Who Is Continuously on Sick Leave? -- 83. Can I Terminate an Employee for Reporting to Authorities What He or She Perceives as a Legal Violation? -- Section 4: Compliance: OSHA, HIPAA, FACTA, COPPA, and the Physician Payments Sunshine Act (Open Payments) -- Chapter 14: OSHA -- 84. I Am Just a Small Business. Does OSHA Really Apply to Me? -- 85. I Never Hear from OSHA, but I Do Hear from a State Agency. Why Is That?.

86. Does OSHA Regulate My Relationships with My Patients? -- 87. What Are My Obligations under OSHA? -- 88. What Is the General Duty Clause? -- 89. What Is My Duty with Respect to OSHA Standards? -- 90. How Do I Prepare Generally for OSHA's Required Written Programs? -- 91. Do I Have to Voluntarily Let an OSHA Compliance Officer Inspect My Office? -- 92. What Should I Do If an OSHA Inspection of My Office Is Taking Place? -- 93. The Compliance Officer Wants to Interview My Employee. Should I Allow It? -- 94. The Compliance Officer Wants to Interview Me. Do I Agree to Be Interviewed? -- 95. No OSHA Compliance Officer Is Trying to Inspect My Office, but OSHA Sent Me a Letter and Expects a Response. What Do I Do? -- 96. OSHA Issued a Citation. What Do I Do? -- 97. Can I Get an Extension of the 15-Day Period? -- 98. What Happens If I Do Nothing? -- 99. What Are My Options after Receiving a Citation? -- 100. Do I Need a Lawyer? -- Chapter 15: HIPAA, State Law, and Payment Card Industry Data Security Standard: Patient Information -- 101. How Does HIPAA Affect the Way I Manage Patient Information? -- 102. Do I Have to Comply with HIPAA? -- 103. What Do I Have to Do in Order to Comply with HIPAA's Privacy Rule? -- 104. Is Following HIPAA Enough, or Should I Follow State Law (Too)? -- 105. Can the Outside Cover of a Chart Contain Patient Information? -- 106. Who Can Make Entries in the Record? -- 107. Are There Rules about How to Write in the Record? -- 108. Is It Okay to Alter the Record? -- 109. Who Owns the Record? What Rights Do Patients Have? -- 110. What Permission, If Any, Must a Patient Give for Me to Transfer His or Her Records? -- 111. How Does HIPAA Affect Dealing with Patient Surrogates or Representatives, Such as Non-Custodial Parents, Who Request Information from, or Copies of, the Record?.

112. What If the Patient's Spouse, or an Adult Patient's Parent, Is Responsible for Paying the Patient's Bill? What Information Can I Disclose to the Person Responsible for Payment?.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2023. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.