'Are you in compliance' with 2016 laws and regulations?

From displaying California's Whistleblower Protection notice to registering with CURES 2.0, dental practices were to comply with 12 laws and regulations that took effect in 2016.

Presented here are summaries of these new laws and regulations along with explanations of what dentists must do to comply with them. Included with each listing is a related CDA Practice Support or other resource to assist member dentists who need to take additional steps to ensure full compliance. Dentists can find additional details in the cited CDA news articles on cda.org. The laws are listed in order of the required compliance date — beginning with the nearest date.

Dec. 1, 2016: Review duties of exempt employees

California practice owners must review the duties test to determine that employees clearly meet the job duties of exempt positions and either increase employee salaries to be compliant with these new regulations or reclassify them as nonexempt, hourly employees.

CDA news article: "Exempt vs. nonexempt: understand employee classifications"
CDA resource: "Do You Need to Reclassify Your Exempt Employee?"

Oct. 18, 2016: ACA: Post nondiscrimination notices

(See the article "Ensure compliance with OCR's final rule on Section 1557.") Under the Affordable Care Act, dentists participating as providers in the Denti-Cal, CHIP (formerly known as Healthy Families) and Medicare Advantage (Part C) programs and those who have received Meaningful Use funding are required to comply with new federal nondiscrimination policies. They must post a notice of nondiscrimination, post taglines in the top 15 non-English languages spoken in California and offer free language assistance. In addition, those practices that must comply and who have 15 or more employees must also post information regarding grievance procedures.

CDA news article: "Civil rights rule compliance required by Oct. 16"
CDA resource: "Nondiscrimination Requirements Under Affordable Care Act (Section 1557)"

Aug. 1, 2016: Display new minimum wage posters

Dental practices must post the revised Fair Labor Standards Act Minimum Wage Poster, no smaller than 11-by-17 inches, as well as the revised Employee Polygraph Protection Act Poster.

CDA news article: "New state minimum wage to take effect Jan. 1"
CDA resource: Downloadable posters via Appendix 4: Required Postings in a Dental Office

July 18, 2016: ACA: Provide interpreters, ensure accessibility

Under the Affordable Care Act, dentists participating as providers in the Denti-Cal, CHIP (formerly known as Healthy Families) and Medicare Advantage (Part C) programs and those who have received "meaningful use" funding are required to comply with new federal anti-discrimination policies. They must provide interpreters or translators to patients with limited English proficiency, ensure accessible online appointment systems and billing, ensure employee health plans are in compliance with antidiscrimination laws and comply with standards concerning dental facility alterations or new construction.

CDA news article: "Resources for July 18 civil rights rule deadline"
CDA resource: "Nondiscrimination Requirements Under Affordable Care Act (Section 1557)"

July 1, 2016: Submit email address to dental board

Each individual licensed or permitted by the Dental Board of California or the Dental Hygiene Committee of California must submit an email address to the dental board at dentalboard@dca.ca.gov, using the subject line "Electronic Mail Address Requirement." The individual's name, license type, license number and email address should be included in the email. The email address will be treated as confidential and is not subject to public disclosure.

CDA news article: "Dental board email address requirement in effect"

July 1, 2016: Register with CURES

All prescribers in California with U.S. Drug Enforcement Administration registrations are required to register to access California's prescription drug monitoring program, known as CURES 2.0 (Controlled Substance Utilization Review and Evaluation System). Prescribers should register at oag.ca.gov/cures.

CDA news article: "CURES registration deadline July 1"
Resource: Training videos, FAQ and user guide at the Department of Justice website at oag.ca.gov/cures

July 1, 2016: Provide timely practice updates

Dentists contracted with dental plans must respond to a plan's request for accurate directory information within 30 days or face payment delays, reimbursement reductions or, ultimately, termination of their participating provider agreement. Dental practices are required to provide timely practice updates, including practice address, license number and other information.

CDA news article: "Dentists must give timely practice updates"

June 1, 2016: Update hazard communication plans

Dental practices must have updated hazard communication plans and safety data sheets, place appropriate labels on secondary containers and train all staff on new chemical labeling and classification systems. CDA has developed a sample hazard communication plan and PowerPoint presentation for use in dental practices.

CDA news article: "Hazard communication compliance deadline near"
CDA resource: Sample Hazard Communication Plan; Hazard Communication PowerPoint Presentation for Training

April 1, 2016: Develop new antidiscrimination policies

Amendments to California's Fair Employment and Housing Act regulations, which generally apply to employers with five or more employees, require employers to develop and distribute antidiscrimination, anti-harassment and complaint investigation policies.

CDA news article: "Discrimination and harassment regulations amended"
CDA resource: Sample Antidiscrimination and Anti-Harassment Policies; Sample Employee Manual Template

April 1, 2016: Replace pregnancy leave posters

Dental practices must post Your Rights and Obligations as a Pregnant Employee (DFEH-100-20), which replaces "Notice A," addressing Pregnancy Disability Leave, as well as the California Family Rights Act. Employers with 50 or more employees must post Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave (DFEH-100-21), replacing "Notice B."

CDA news article: "Pregnancy disability poster changes effective immediately"
Resource: Downloadable posters at the Department of Fair Employment and Housing website

Jan. 1, 2016: Display whistleblower, injury posters

Dental practices must post California's Whistleblower Protection notice, printed no smaller than 8.5- by-14 inches, as well as Notice to Employees — Injuries Caused by Work, in both English and Spanish if dentists have Spanish-speaking employees.

CDA news article: "Practices must display two new posters"
Resource: Downloadable notices at the Department of Industrial Relations website

Jan. 1, 2016: Use revised CDT codes

(For dental code changes that will take effect Jan. 1, 2017, see the article "CDT 2017 dental code changes are here.") Dentists must use 19 new dental procedure codes, 12 revised codes, and be aware that eight codes have been deleted. CDT is the only HIPAA-recognized code set for dentistry, reflecting technological advances and improved accuracy, specificity and simplicity.

CDA news article: "Dentists should prepare for 2016 dental code changes"
Resource: CDT catalog available for purchase on the ADA website at adacatalog.org

"Are You in Compliance?" can help dentists track key regulatory compliance dates. Launched in summer 2016, this CDA Practice Support resource provides all of the details dentists need to ensure their dental practice complies throughout the year with upcoming laws and regulations. Located in one handy place and accessible via the Practice Support homepage, the laws and regulations are organized by deadline date with each listing providing a brief description of the law along with links to relevant templates and sample documents.

Find many resources cited in this article at cda.org/resources.

Related Items

Many California employees will begin earning a new minimum wage on Jan. 1, 2017, per legislation signed by Gov. Jerry Brown in April. Under the new state law, dental practice owners with 26 or more employees must begin paying a minimum wage of $10.50. Practice owners with 25 or fewer employees have an additional year to comply with the law.

CDT 2017 is the newest version of the American Dental Association’s code on dental procedures and nomenclature. Dentists will need to prepare for the 2017 dental code changes effective Jan. 1, 2017. CDA is happy to see the addition of D4346: Scaling in presence of generalized moderate or severe gingival inflammation.

Now, in one handy place, CDA members can find the details, deadlines and resources they need to ensure their dental practice is in compliance with upcoming laws and regulations. On the main Practice Support webpage, the new “Are You in Compliance” section lists laws and regulations that dental practices will need to comply with.