Delta Dental Legal Action FAQ
CDA pursued litigation to require Delta Dental to honor its contractual obligations inherent in the Participating Dentist Agreement between Delta and its participating providers. CDA also challenged whether the Delta Dental board of directors violated its legal responsibilities, referred to as fiduciary duties.
You can read the court’s final opinion on the case.
CDA filed against Delta Dental in December 2022. The case has taken place over many months of hearings, discovery and amended complaints with additional facts for consideration.
In May 2024, the Superior Court ruled in favor of Delta Dental and the individual directors and officers, resulting in the case being dismissed.
The Court ruled that the directors do not owe fiduciary duties to dentists who participate in the Delta network and that Delta has unfettered discretion to set reimbursement rates.
While it’s unfortunate that the case has reached this stage, CDA’s pursuit of meaningful reform will not be stopped. CDA’s leaders, legal team and outside counsel evaluated the next steps and file a Notice of Appeal in early July 2024. As of February 2025, CDA has filed an Appellants’ Reply Brief.
In late September, the court of appeals ruled to uphold the prior ruling in favor of Delta Dental, resulting in the case coming to an end.
Filing the action did not by itself suspend the contract changes that Delta Dental announced. While the lawsuit we filed challenged those actions, their validity depended upon the ruling of the court. Unfortunately, the court once again ruled that there is no legal recourse for Delta’s actions in this instance. While the ruling is disappointing, the end of this case does not conclude CDA’s broader efforts to achieve comprehensive dental plan reform.
You should simply inform them that the court has once again ruled that there is no legal recourse for Delta’s actions in this instance. It would be wise to avoid negative or disparaging comments about Delta Dental, which could potentially violate the participating provider agreement. If the patient has concerns, they have the right to reach out to the Department of Managed Health Care’s consumer hotline to register a complaint at (888) 466-2219.
Be sure that you’re opted in to receive CDA emails to keep connected to all updates on dental plan reform and resources to support members. You may also follow the latest news in the Dental Plan Action Center.
CDA is fighting for reform on multiple fronts, including results-driven legislative advocacy. Keep connected to the latest news and updates through emails from CDA, the Dental Plan Action Center and our newsroom.
CDA is fighting for reform on multiple fronts, including results-driven legislative advocacy and a new Board-appointed workgroup that will focus on dental plan reform. Keep connected to the latest news, updates and calls to action through emails from CDA, the Dental Plan Action Center and our newsroom. You can also find and share current reform efforts at fixourdentalinsurance.com.
The CDA Board is appointing a new workgroup with a dedicated focus on defining a new way forward on comprehensive dental plan reform. The workgroup — composed of dentists from around the state and supported by industry experts — will fully focus on what CDA can do, including developing a plan structure and benefits design that more effectively and fairly meets the needs of patients, is sustainable and functional for dentists, and viable for employers/purchasers.
Here is the charge set by the CDA board:
- Building a better dental plan: What kind of dental plan structure and coverage would be needed to better meet the oral health needs of patients, including minimum standards in benefits or coverage such as setting standards for deductibles, eliminating or standardizing annual maximums, and establishing minimum required benefits.
- To what extent and how dental coverage could be more closely aligned to or integrated with medical coverage and systems of care, and what steps CDA could take in that regard that would be positive for dentists and their patients.
- Reviewing existing dental plan models and pilot programs including those within public programs and analyzing premium and out-of-pocket costs to individual enrollees and employer purchasers.
- Discussing coverage structure and cost with brokers, employer purchasers or their representatives to understand the driving forces and interests of these groups as well as what level of understanding and communication is happening with employers/purchasers regarding the value and structure of dental plans.