October 9, 2026
ADA Compliance for Medical Practices
The Americans with Disabilities Act (ADA) requires places of public accommodation, including physician medical practices and health care facilities, to provide individuals with disabilities with full and equal access to health care services, including making reasonable modifications to policies, practices and procedures when necessary to ensure services are accessible.
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September 28, 2026
Understanding ‘Rollover Equity’ When Selling Your Practice
Question: My partners and I have agreed to sell our practice to a large dental organization backed by a private equity firm. As part of the sale, we’re receiving a combination of cash and company stock, often called “rollover equity.” The stock is subject to vesting requirements and several buy-sell type restrictions.
Is this typical? Will I ever be able to sell this stock? How will this portion of the purchase price be taxed?
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August 25, 2026
Is a Lack of Understanding of Billing Procedures Fraud?
Question: I am a new dentist who recently bought a new practice from a dentist who has since retired. I worked as the previous owner’s associate for a couple of years before purchasing the practice.
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July 27, 2026
Can Unlicensed People Own a Dental Practice?
Who is Enforcing the Law?
Question: I see dental practices being acquired by management companies and others now owned by dentists. How can this be legal?
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June 24, 2026
The Need to Designate a Patient of Record
Question: I was told something troubling by my hygienist. She has a friend who is also a hygienist working in another office. When new patients come to that office, they are immediately scheduled for hygiene.
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June 22, 2026
Understanding Challenging Patient Behaviors and How to Navigate Them
Physicians often encounter challenging situations involving patient behaviors which can impact the physician-patient relationship and the care provided to them.
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May 26, 2026
The Importance of Termination Rights
Question: I recently told a supplier of dental products that I was terminating my contract with them. I did so because I found another supplier who has a better reputation for service and lower prices. I was surprised to receive an invoice from my former supplier for a few thousand dollars for “termination fees.”
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April 29, 2026
Yes, Dentists (and the MDA) Are Subject to Antitrust Law
The various antitrust laws can seem unfair, complicated, and many times irrelevant to the practice of dentistry. However, you should be aware that these laws do apply to dentists.
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March 16, 2026
Key Considerations When Using AI for Clinical Documentation
With the ever-increasing demands and expectations on documentation in clinical practice, more physicians are beginning to utilize Artificial Intelligence (AI) tools to more efficiently and effectively respond to such demands.
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February 26, 2026
Structuring a Practice Sale: The Basics
Question: I’m turning 70 this year and am ready to retire. After buying out my partners over the years, I’m now the sole owner of the practice. Associate dentists have come and gone. I now employ one who is willing to take over and buy my practice.
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January 22, 2026
Is Being a Shareholder 'In Name Only' a Problem?
Question: I was recently approached by a company manufacturing certain dental appliances. This company also has “therapy programs” it has developed for sale to patients. It was explained to me that the company desired to create a dental practice (a professional corporation) to treat patients in need of its appliances and therapy programs. The company is interested in employing me.
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December 17, 2025
Miscellaneous Questions about Dental Records
Dan Schulte answers common questions related to dental records in the latest issue of the Michigan Dental Association Journal.
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November 24, 2025
There Will Be No Ban on Covenants Not to Compete
Question: Did the Federal Trade Commission cease litigating for its proposed ban on covenants not to compete? If we are going to continue to use them, what are some good pointers for drafting them?
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October 27, 2025
Sponsoring a Foreign National to Work as a Dentist
Question: I would like to hire a foreign national to work as a dentist in my practice. What is the process from a U.S. immigration perspective?
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October 2, 2025
We Forgot to Renew Our Employment Agreement —Now What?
Question: My employment agreement terminated because neither I nor my employer remembered to renew the term after a year as the agreement required. Is that employment agreement still in force? If not, what happens now? Do I no longer have an employment agreement?
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September 30, 2025
Are Your Controlled Substance Prescribing Practices Putting You at Risk?
More than seven years have passed since Michigan legislation aimed at combating the state’s opioid crisis took effect.
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August 26, 2025
Length of Covenants Not to Compete
Question: I am selling my practice and plan to become employed by the buyer for a year following the closing. I expect that I will have to agree to a covenant not to compete.
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July 24, 2025
What Ever Happened to the Ban on Covenants Not to Compete?
Question: Last year we heard that the Federal Trade Commission was going to ban covenants not to compete. It was a big deal at the time. Nothing has been said about this in months. Is this still going to happen? If so, when?
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June 26, 2025
May I Use Patient Information to Respond to Internet Criticism?
Question: It was recently brought to my attention that a patient posted on the internet false and misleading information regarding treatment I provided to her. The posting also contains false and defamatory descriptions of me and others in my office.
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May 27, 2025
What Causes a LARA Investigation?
Question: Over the years, several of my colleagues and I have been the subject of investigations by the Michigan Department of Licensing and Regulatory Affairs. In most of these cases it’s hard to imagine why LARA is expending the time and resources on an investigation. Can you explain how LARA decides which cases it investigates? Does the Board of Dentistry play a role in this process?
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April 29, 2025
Yes, Dentists Are Subject to Antitrust Law
The various antitrust laws can seem unfair, complicated, and even irrelevant to the practice of dentistry. However, you should be aware that these laws do apply to dentists.
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March 24, 2025
How to Handle Visits or Contacts by an ICE Agent
Question: It has been reported that dentists and other health care professionals have been visited/contacted by U.S. Immigration and Customs Enforcement agents seeking to carry out “immigration policies” and to remove those unlawfully in the United States. How should I go about handling a visit from an ICE agent?
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February 25, 2025
What You Should Know about Collecting Past-Due Accounts
Question: Early in every calendar year our accounts receivable tend to build up due to patients having to pay out of pocket before annual deductibles and co-pays reach their maximums. This typically results in a corresponding increase in past-due accounts and collection headaches. What besides sending notice after notice to the patient’s home address and calling their home and cell numbers can we do to collect?
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February 17, 2025
The Corporate Transparency Act’s Impact on Medical Practices: Understanding Physicians’ Obligations Amid Recent Judicial and Legislative Developments
Medical practices across the United States are grappling with new compliance obligations under the Corporate Transparency Act (CTA). This article addresses the CTA’s applicability to medical practices, its current legal status, and what physicians should do to prepare for compliance.
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January 30, 2025
The Difference Between ‘Non-Covered’ vs. ‘Disallowed’ Services
Question: I have had several colleagues describe their experience with dental plan audits. All of them have had to pay something back. Sometimes they say this is due to a service being deemed a “noncovered service.” Other times I hear that the refund is due to a service being “disallowed.” Are they talking about the same thing? If not, what is the difference?
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December 12, 2024
New Michigan Legislation Aims to Unravel Medical Liability Reform
Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases.
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November 25, 2024
Data Bank Reporting: A Consequence of an Administrative Complaint
Question: I recently settled a licensing complaint with the state of Michigan during my compliance conference. In my view the complaint lacked merit. However, I did not want to go through an administrative hearing because it was going to be expensive.
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October 29, 2024
FTC’s Ban on Covenants Not to Compete Remains on Hold
The Federal Trade Commission’s ban on most covenant not to compete provisions in employment agreements was scheduled to take effect on September 4, 2024. Prior to that effective date several court cases challenging the FTC ban commenced.
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October 2, 2024
Update: Hiring a CRNA to Work in Your Practice
Question: Am I able to hire a certified registered nurse anesthetist to administer anesthesia in my practice? Am I able to supervise these services myself? Are there requirements I must meet to be able to do this?
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August 29, 2024
Don't Overlook Corporate Transparency Act Compliance
Question: My accountant and others are telling me there is some federal government filing that I must make by the end of the year. My personal information is being sought. Can you explain what this is all about, whether I have to do it, and what happens if I decide not to?
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July 17, 2024
Unpaid Internships in Your Office: What You Should Know
Question: I am considering having one or two unpaid interns in my office at different times this summer. Are there restrictions on the type of tasks that I am legally able to have them perform? Are there other legal concerns I should be aware of when having interns in the office?
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May 2, 2024
Health Care Providers Affected by FTC's Ban on Noncompetes
On April 23, 2024 the Federal Trade Commission voted to issue a Final Rule which would prohibit the entering into or enforcement of most employee noncompetition agreements.
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April 15, 2024
Why Dentists Must Pay Attention to Antitrust Law
The various antitrust laws can seem unfair, complicated, and many times irrelevant to the practice of dentistry. However, you’re reminded that these laws do apply to dentists.
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March 24, 2024
Before You Sign—Minimizing Medical Director Liability Exposure
Whether at a hospital, nursing home, surgical center or private office, physicians are encountering “Medical Director” opportunities more frequently than ever before. While physicians may be intrigued by the title, compensation or other benefits associated with a medical director position, many are unaware of the additional exposure to liabilities that can come with such opportunities.
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December 11, 2023
Consider These Five Compliance Questions in Your Medical Practice
Kathleen Westfall outlines five considerations for physicians to ensure compliance in their medical practice in the latest issue of the Detroit Medical News (Fourth Quarter 2023).
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March 29, 2023
Hospitals May Face Increased Liability Under Michigan Supreme Court Decision
The standard by which hospitals may be held liable for the negligence of non-employee emergency room personnel has recently been addressed by the Michigan Supreme Court. Under the new standard, it will be easier for patients to establish liability against the hospital even if the negligent actors were not employees or agents of the hospital.
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March 27, 2023
Cybersecurity for Medical Practices: Addressing the HIPAA in the Room
Cybersecurity attacks, such as malware, phishing emails, and password attacks, are a growing threat to patients and medical practices. Cyber attacks can significantly disrupt patient care, including by exposing confidential data, interfering with access to records, and/or damaging operations systems.
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January 5, 2023
Understanding Michigan's E-Prescribing Requirement Exceptions and Waiver Process
Effective January 1, 2023, the Michigan Department of Licensing and Regulatory Affairs, Bureau of Professional Licensing, will begin enforcing the Michigan Public Health Code’s requirement that all prescribers electronically transmit all controlled and non-controlled substance prescriptions directly to a pharmacy of a patient’s choice unless an exception applies
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October 10, 2022
OIG Special Fraud Alert: Seven Suspect Characteristics of Fraudulent Telemedicine Arrangements
The Department of Health and Human Services Office of Inspector General issued an alert earlier this year warning physicians of potential fraud schemes when engaging with telemedicine companies. Kathleen Westfall discusses the seven “suspect characteristics” that could suggest risk of fraud and abuse in the latest issue of the Detroit Medical News.
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July 18, 2022
Leased Provider Networks Cause Payment Confusion
Most physicians and dentists are familiar with contracting to be a part of a third-party payer’s network. This usually means increased patient flow (from the patients enrolled in the payer’s plan(s)) and fee discounts.
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April 25, 2022
Understanding Your Professional Liability Policy
Kathleen Westfall discusses key components of physician professional liability policies in the latest issue of the Detroit Medical News.
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January 7, 2022
Physician Employment Agreements: Key Provisions to Negotiate and Common Pitfalls to Avoid
Kathleen Westfall discusses key considerations for physicians negotiating employment agreements in the latest issue of the Detroit Medical News.
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April 19, 2021
Unreasonable Non-compete and Damages Provisions in Employment Contracts
Health Care attorney, Daniel Schulte, discusses non-compete agreements and liquidated damages provisions in employment contracts for the latest issue of The Journal of The Michigan Dental Association (April 2021).
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