CDA is pursuing litigation to require Delta Dental to honor its contractual obligations inherent  in the Participating Dentist Agreement between Delta and its participating providers. CDA is also challenging whether the Delta Dental board of directors has violated its legal responsibilities, referred to as fiduciary duties.

You can read the filed complaint for details of the allegations.

Filing the action by itself does not by itself suspend the contract changes that Delta Dental has announced. While the action we have filed challenges those actions, their validity necessarily depends upon the ruling of the court. Much will depend on how Delta Dental responds to the claims asserted in the lawsuit. The litigation does challenge the validity of the fee reductions that Delta Dental seeks to impose. Whether Delta Dental suspends those reductions or decides to go forward with them despite the legal challenge remains to be seen.  

If you are not a Delta Dental provider, you may still benefit from CDA’s actions since other dental benefit plans will take note of CDA’s action on behalf of its members and the plan(s) may reconsider potential actions in the future which could be detrimental to CDA member dentists.

While the process is unpredictable, it is typically measured in years rather than weeks or months. In fact, when we previously filed litigation against Delta Dental, it took nearly 5 years to resolve. There are many factors that can impact the duration of the process, including Delta’s response to the litigation.

Filing the action itself does not suspend the fee reductions. As reflected above, our litigation does challenge the validity of those fee reductions. Whether Delta Dental suspends those reductions or decides to go forward with them despite the legal challenge remains to be seen.

We do not recommend making any decisions about accepting or rejecting the revisions based on the filing of the litigation. Determining whether to accept or reject Delta’s proposed changes is an individual decision each member dentist must make on their own based on what is best for their patients and practice.  

You should simply inform them that how this turns out is something that the court and the parties will work through over the next several months and that there is no way to reliably predict how this, or any other litigation will turn out. It would be wise to refrain from predictions, and also wise to avoid negative or disparaging comments about Delta Dental, which could even 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.

Keep connected to the latest news and updates through emails from CDA and our newsroom.