“Helping Members Succeed”

Renew my membership? What's in it for me? Each year we must answer a fair and common question: Is it worth paying membership dues? Let's dive into why renewing is so essential.

First and foremost, your SFDDA team works endlessly to support YOU, the member, and upholds the FDA's mission statement, "Helping Members Succeed." To me, our experiences at the local level are the most memorable reason to join organized dentistry. The relationships you can develop with your colleagues at in-person meetings or serving as leaders reach beyond dentistry. SFDDA's commitment to providing quality continuing education and meeting experience is always our top priority.

In addition to in-person meetings, all levels work to enhance your career in dentistry. Whether you are just starting a practice or are well into your career, the ADA/FDA/SFDDA tripartite has abundant resources to help your practice and is accessible through any of our websites, or by reaching out to any of our leaders. From learning clinical tips to running your business, organized dentistry constantly works to improve its resources to help you. The ultimate goal is to help make your dental career easier so you can spend more time with friends and family and do what you love.

The most important reason to renew, despite your feelings toward politics, is the ADA/FDA's unwavering commitment to protecting our profession through advocacy, and by lobbying on behalf of us dentists. Our "Tooth Party" supports candidates across the aisle to help keep us practicing in the manner to which we have grown accustomed.

They are our unified voice to promote patient safety and education. Without our political involvement, lawmakers without dental education would dictate how we can perform our daily tasks.

Our efforts would not serve a purpose without YOU, the member, having input. Above all else, our organization is only as strong as our members. So, I thank you for your continued involvement and support in our great organization. And, as always, I thank every one of you who has committed extra time to serve your colleagues in some capacity.

We all hope your year has started well and hope you have had a chance to attend our numerous phenomenal events! Please be in touch if you need anything.

Renew today!

‐ Richard A. Mufson, DDS, Editor

A Major Legislative Victory in Massachusetts - Sets the Stage for Entire U.S.: “Medical Loss Ratio”- A “Win-Win” for Dentists and Patients

Wouldn’t it be great if dental insurance companies were required to set aside a certain fixed percentage of all funds collected from premiums (say, 83%) – which would then all go directly into delivering patient benefits and care?

And, rather than limitless profits going into the pockets and bank accounts of company executives, as has been occurring since the beginning of time - “what if” any unused portion of the guaranteed 83% destined for patient benefits and care were refunded back to patients?

And “what if” insurance companies were also compelled to open their books in a transparent effort to demonstrate they were complying with this new fantasy-type law.

Well, for a number of years now, medical carriers have been compelled by statute to do just that - but at an 88% “medical loss ratio” - but not dental insurance carriers.

That is, until this past November 8, 2022, Election Day in Massachusetts, when Question 2 on the ballot, the “Medical Loss Ratio ballot initiative” passed by a landslide with the help of 70% of the voters in the state.

Thanks to the efforts initiated by one passionate dentist, Mouhab Rizfallah, DDS, an orthodontist from Somerville, MA, and subsequently financed by a group of dentists and patients who came together as the Committee on Dental Insurance Quality, and then strongly supported by the Massachusetts Dental Society – this law became a reality.

Not only was this a David-vs-Goliath-like victory against “Big Insurance,” and a major win for dentists and their patients, it has also been referred to as a “watershed moment” that will serve as a precedent and set the stage for other states to follow suit with the same or similar laws.

The ADA also supported the effort to the tune of a $5.5 million donation. This was then followed by sizeable donations from 49 state dental associations (including FDA) and nine specialty organizations.

Starting on January 1, 2024, dental insurance providers in the Commonwealth will be required to: (1) Spend at least 83% of premium dollars on patient care, (2) report to the State Division of Insurance that they meet that percentage, and (3) refund the difference back to their customers, if they don’t meet the percentage.

Dental insurance reform has long been a goal of the ADA and organized dentistry in general.

However, few could have imagined that, through the tireless efforts of so many through advocacy within our profession, a legislative outcome of this magnitude could have resulted in a such a “win-win” for both dentists and, most important, the patients we serve.

The next time someone you know asks the question, “Why should I belong to the ADA tripartite and organized dentistry,” or “what has organized dentistry done for anyone lately,” please share the story of this legislative victory in Massachusetts as but one prime example.

What? A New Dental School in Florida?

As we all know, we can certainly use another dental school (a fourth) in Florida. Or at least, that is what Florida Atlantic University (FAU) would like us to believe, and what they would especially like the Board of Governors/State University Systems to believe, who recently granted their approval. And, FAU has since visited Tallahassee lobbying our state legislators for funding.

Several FAU representatives, including one of their trustees, Barbara Feingold, wife of the now-deceased namesake of the proposed school, Dr. Jeffrey Feingold, were recently in Tallahassee for “FAU Day” at the Capitol. Several of our own Florida Dental Association (FDA) leaders were also in town and met with the FAU reps.

FAU leaders had also been scheduled to meet, greet and share information with the FDA Board of Trustees (BOT) in Tallahassee in December, but had to cancel just prior to the meeting. FDA has also invited their attendance at both the February Mission of Mercy (MOM) in their home county of Palm Beach and again at a Tallahassee BOT meeting in May. (They were a decline/no-go for the MOM event, and we will let you know if they show for the May BOT.)

When asked about FDA’s official position on the dental school, and in the absence of have met with FAU to learn more information and discuss their stated goals – FDA is “neutral” for the time being. However, FDA has taken a position of correcting misinformation thrown about, such as, “there is a shortage of dentists in Florida,” as opposed to the correct fact-checked information that there is not a shortage but rather a maldistribution. Fact checkers have also identified some inconsistencies in other talking points put forth in FAU literature sent out justifying the need for another dental school in Florida.

And now this… Invisalign Files Lawsuit Against SmileDirectClub for False Advertising

Were you waiting for this shoe to drop? As reported by multiple news outlets, the maker of Invisalign, Align Technology, has filed a lawsuit against SmileDirectClub (SDC) alleging their claims of aligner treatment being performed under the care and supervision of dentists and orthodontists is false and misleading advertising.

The lawsuit, filed on January 3 in the U.S. District Court for the Northern District of California, alleges SmileDirectClub is “a company built on a lie,” and that it has promoted its aligners and services with untrue and fraudulent claims. SDC executives, and even investors, are named as defendants in an alleged scheme involving false advertisements, possibly constituting wire and mail fraud, according to the suit.

At issue is also the aspect of SDC’s direct-to-consumer model claiming to be an equivalent product under the remote supervision of its affiliated dentists (as opposed to Invisalign being performed under a dentist’s direct care) and purportedly at “the same level of care as they would receive from inperson visits with clinicians,” according to the suit.

"Regrettably, SDC (SmileDirectClub) founded its business on a ‘dangerous lie’ - telling consumers through television, online, email, print, and retail advertising that they will receive actual medical supervision from actual doctors, responsible for their well-being," Align states in the lawsuit.

However, many SDC patients allegedly tried to confer with or visit with clinicians assigned to oversee their care, the suit claims, but only to face denials by the clinicians involved that they were ever actually a patient. Disgruntled patients or those claiming injury were also allegedly forced to arbitrate disputes and sign nondisclosure agreements (NDAs) in order to receive refunds.

“SDC thus uses lies to get customers and legal tricks to keep them quiet,” according to court documents.

Similar allegations were cited in a separate lawsuit filed in Washington, DC.

Forcing customers to sign NDAs in order to receive refunds was the basis of the lawsuit, filed in December, 2022 in the

Superior Court of the District of Columbia by the Attorney General of Washington, DC, Karl Racine. The suit claimed the practice was in violation of DC law and prohibited patients/ customers from writing online reviews and/or filing complaints with regulators and law enforcement.

"These NDAs prohibited consumers from sharing information about the harms caused by SmileDirectClub’s products, under threat of lawsuits and fines," according to the suit. "This stifling of complaints prevented other District consumers from having complete, accurate information about SDC's products when making purchase decisions."

More to come.

And Finally: Massachusetts AG Office Reaches $3.5 Million Settlement with Aspen Dental

This was in response to claims that Aspen Dental engaged in a multi-faceted scheme in Massachusetts to deceive and cheat thousands of patients via a series of bait-and-switch advertising campaigns. According to the AG’s lawsuit, deceptive advertising and marketing practices were utilized, in which patients were charged for services advertised as “free.” Aspen Dental also sent patients to collections over bills for services it had marketed as “free.”

Also in response to advertising by Aspen Dental that it worked with “all insurance,” the suit alleges they did not accept MassHealth nor Medicaid which had dental coverage.

As stated by Acting AG, Bessie Dewar, “Deceptive advertisements like these can harm our most vulnerable patients looking for affordable dental care.” And further, “Today’s settlement prevents misleading advertising by Aspen Dental and puts money back in the hands of impacted patients.”

In addition to the settlement providing funds given back to patients for new patient exams, x-rays and oral cancer screening at Massachusetts Aspen Dental-braded offices, it also prevents Aspen from using false and misleading advertisements for “free” services, or that they work with “all insurance” without adequate disclosures, nor reference any guarantees or denture pricing, nor purport to have “no hidden fees.”

The lawsuit also argued that Aspen failed to adhere to agreements made with the AG’s Office in a prior 2014 settlement alleging similar misconduct.

More to come (or better stated, we hope not).

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