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What Dentists Get Wrong About HIPAA and Regulatory Compliance

Writer: DentalContractsPro
DentalContractsPro
Aug 3
2 min read

Many dentists treat regulatory compliance as something to think about only when an audit letter arrives. By then, the gap between what your practice is actually doing and what the rules require has usually existed for a while — it just hadn't been tested yet. Here's where dental practices most often get compliance wrong.

HIPAA Isn't Just About Encrypting Emails

Most practices know they need secure email and a locked server room. Fewer have a written policy for what front desk staff should say when a patient's family member calls asking about an appointment, or how records get handled during a practice transition. HIPAA compliance is as much about staff behavior in ordinary moments as it is about technical safeguards.

The Anti-Kickback Statute Applies to More Than You Think

Referral arrangements with specialists, marketing partnerships, and even certain vendor discounts can implicate the Anti-Kickback Statute and state equivalents if they're structured around referral volume rather than fair market value. Many practices have arrangements that were never reviewed with this lens.

Corporate Practice of Dentistry Rules Can Undo an Otherwise Good Deal

Corporate practice of dentistry restrictions vary significantly by state and directly affect how a practice can be owned and structured. A DSO deal or partnership arrangement that looks straightforward on paper can run into real problems if it doesn't account for these state-specific rules.

A Few Areas Worth a Second Look

  • Referral and vendor arrangements that haven't been reviewed in several years

  • HIPAA policies that exist on paper but aren't reflected in day-to-day staff habits

  • Telemedicine or concierge services added without a compliance review

  • Billing and reimbursement practices that haven't been audited internally

Compliance Is Cheaper Than a Response

A proactive compliance review is almost always less expensive, in money and stress, than responding to a payer audit or regulatory inquiry after the fact. If it's been a while since your practice's compliance posture was reviewed, that's reason enough to take a look.

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