We rely on our members to assist us in reporting questionable practices for investigation. Please call (303) 488-9700, ext. 3270 or email MDDS WatchDog to inform us of your concerns.

Check in with the MDDS Watch Dog on a regular basis - it is a service that will enhance your operational success.

Updated (5/4/09)

Red Flag Rule Deadline Extended

The Federal Trade Commission has issued a 90-day delay in the enforcement of its Red Flags Rule, which would have gone into effect November 1, 2009.

This delay will give the ADA more time to challenge its applicability to small health care providers such as dentists.

The ADA's vigorous efforts to reverse the FTC's regulation, coupled with the nearly 11,000 e-mails you sent to Congress, have had the desired effect. We are grateful to Congressman Mike Simpson (R-Idaho) and House Small Business Chair Rep. Nydia Velazquez (D-N.Y.), both of whom wrote to the FTC in support of our position.

The rule would require financial institutions and creditors to develop written plans to prevent and detect identity theft. FTC originally deemed dentists and physicians as creditors who are subject to the rule when they don't receive payment in full from their patients at the time of treatment.

The ADA believes that characterizing dentists as "creditors" in this context is incorrect, and our friends in Congress agree.

Updated (4/9/09)

New I-9 Form required as of August 7, 2009
Mountain States Employers Council, Inc. (MSEC) would like to remind you that employers are now required to use a new I-9 form. The revised version of the Employment Eligibility Verification Form, also known as the “I-9 Form”, has been released by the United States Citizenship & Immigration Service (USCIS). The I-9 Form is intended to verify a new hire’s eligibility to work in the US by requiring employees to submit documentation that proves both identity and employment eligibility. All new employees are required to complete the form. Existing employees will not be required to complete the new form.

Employers are mandated to retain I-9 forms for three years after an employee’s date of hire or for one year after employment is terminated, whichever is later. You are required to store I-9 forms separate from the employee personnel records. Employers failing to use the revised form on new hires starting August 7, 2009 may be subject to fines. The new form is available at www.uscis.gov/portal/site/uscis or click here to down the new form as a PDF file.

MSEC, the leading provider of employment law, HR consulting, training and survey services in the Rocky Mountain Region, is pleased to offer SPECIAL MEMBERSHIP to MDDS member dentists. MDDS members receive over 40% off small employer membership, a savings of $525, which includes ten hours of hands-on professional consultation.

MSEC members are served by 40 staff attorneys, each an expert in federal, state and local laws and regulations that define the workplace. Contact MSEC Membership Development at (303) 223-5470 to take advantage of this member benefit.

Employer compliance with COBRA changes

The Economic Stimulus bill signed here in Denver by President Obama on February 17, 2009, includes temporary changes to current COBRA obligations. Included as a provision in the stimulus package, also known as the American Recovery and Reinvestment Act of 2009, is a 65% reduction of COBRA health coverage premiums and state group continuation coverage for up to nine months for employees who involuntarily lose their jobs.

As a result, employers are required send a special notice to all qualified beneficiaries offered COBRA since September 1, 2008. This notice must inform them of a potential second opportunity to elect COBRA at a reduced rate if they meet the eligibility requirements. Employers must accept the reduced payments from eligible, qualified beneficiaries with the first COBRA payments due as of February 17, 2009.

The notice must go to individuals who are currently covered via Colorado’s state continuation requirement who had a state continuation-qualifying event on or after September 1, 2008; and to employees who have a continuation-qualifying event from February 17, 2009 through December 31, 2009. The US Department of Labor has recently issued and posted on its website model notices, including a model notice that can be used in connection with state continuation plans.

Employers may recover this subsidy by indicating the amount as a credit on quarterly employment tax returns – only after receiving the 35% premium payment from the assistance- eligible individual.

Please note: These COBRA changes supplement, but do not replace current COBRA obligations. To determine how this affects you or for additional information, contact your benefits provider or go to: www.dol.gov/ebsa/COBRA.html.

Colorado State Board of Pharmacy’s Electronic Prescription Drug Monitoring Program (PDMP) program

Colorado State Board of Pharmacy’s Electronic Prescription Drug Monitoring Program (PDMP) program is now live and available for queries from prescribers of controlled substances. This program provides a database of controlled substance prescriptions that have been dispensed by Colorado pharmacies and from non-resident pharmacies that ship prescriptions into Colorado. The purpose of the database is to provide objective information to assist practitioners and pharmacists in providing appropriate treatment for their patients. For instance, if a patient is taking OxyContin, the prescriber would be able to review when the patient was first prescribed the drug, how many providers prescribe for the patient, how often and from what pharmacies the patient is receiving controlled drugs. The prescriber would determine whether the patient is taking the medication appropriately or making other uses of it. For more information, please visit www.coloradopdmp.org or call (303) 894-5957.

Advertising Rules

Advertising Rules - As a result of a rulemaking hearing in October 2006, the Colorado State Board of Dental Examiners has adopted new regulations to govern all types of advertising by dentists and dental hygienists in Colorado, effective January 1, 2007. Visit www.mddsdentist.com/AdRules.asp for completer rule.