Ohio Set to Enter the Dentist and Dental Hygienist Compact and End “Unethical” Dental Insurance Practices

Dinsmore & Shohl LLP

Recently, the Ohio General Assembly passed a bill, Substitute S.B. 40, which will enter Ohio as a party to the new Dentist and Dental Hygienist Compact, and ultimately allow dentists and hygienists practicing in other compact states to practice in Ohio. This summer, the compact will form its commission, and will continue to work on operationalizing into 2025 before officially opening privilege applications.

Beginning January 1, 2025, the bill will also prohibit a dental insurer from contractually requiring dentists to accept fees established by the insurer if it does not cover the service, a long-standing practice by dental insurers that many in the industry consider unfair, if not unethical. Under the new legislation, dentists may charge patients their standard fees for non-covered services, if they notify patients of the estimated charges in advance. Dentists choosing not to accept payment amounts set by insurers for non-covered services must post a conspicuous notice stating that they do not accept insurers’ fee schedules for those services. The law contains provisions subjecting dentists who violate the estimated charges disclosure requirement to professional discipline.

When the bill is signed into law by Governor Mike DeWine, Ohio will become the tenth state to join the Dentist and Dental Hygienist Compact. Dinsmore attorneys will continue to monitor this process as it unfolds.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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