Dental Dummies
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Welcome to Dental Dummies Digest, your go-to blog for all things dental finance and malpractice insurance insights, brought to you by CFS Dental Division.

Let’s take a big step back for a moment and look at the question: what is insurance? For many dentists, insurance is an obligation, because doctors are required by law to carry malpractice coverage. Or they are required by a lender to carry business owner’s coverage to satisfy a loan agreement. For others, insurance is a frustration in their life because they are stymied by the policy language or they worry they may not understand how the policy can (or cannot) respond to potential risks. In reality, insurance is a product. And that product is a cash reserve in case of an emergency . You accept a manageable expense now in order to avoid being overwhelmed by a catastrophic expense later. As with any product you purchase (a cell phone, an automobile, etc.), insurance will best serve your needs if you: buy it intentionally, use it intentionally, and understand how it works If insurance is a product, then the policy itself is the contract. A contract is a written agreement between two parties. In the case of an insurance policy, that agreement is between the dentist (or dental practice owner) and the insurance company. The policy specifies the potential risks it can, and cannot, respond to. This is why you should be intentional when you purchase coverage. For example, a Business Owner’s Policy (BOP) cannot cover a workspace that is vacant or under construction. It is specifically designed to cover the risks inherent to operating a functioning dental practice. For periods of construction, you would need different coverage: Builder’s Risk and General Liability Under Renovation. [For more information about this, see my teammate Nick Cepparulo’s article “ The Building Blocks to Insuring Your Start-Up ”.] On the other hand, a BOP can provide coverage for the risks that arise when an employee operates their own car in the service of your business, so long as your BOP includes Hired and Non-Owned Auto coverage. A dental malpractice policy can cover you if you have an incident with a patient during treatment that turns into a claim or a lawsuit. But it cannot cover an incident where a patient slips on your carpet in the waiting room—for that you need the General Liability coverage found inside the Business Owner’s Policy (BOP). Fine. How should I manage my insurance coverage? As an Account Executive at CFS Dental Division , I want my clients to feel confident that they understand their coverage. It is easy for any dentist to treat insurance as an afterthought, given the demands of clinical work and the time and effort it takes to run a business. But, if a catastrophe does occur, your experience will be less stressful if you understand the basics in advance. Here is what I recommend: Step 1: Read your policy. Your insurance policy will lay out precisely what it covers, and how it is designed to respond to risks. Although policies can be long and the language can be complex, you may find you understand more than you expect to. Reading the policy is also vital because it is a contract and, when you sign it, you agree to its provisions. And for items that need further clarification, you can always . . . Step 2: Ask your agent questions. Your agent’s job is to analyze your needs and find the best insurance product to address them. Before you purchase a new policy, provide as much specific information as possible to your agent. Then, ask your agent lots of questions about what they recommend and why. Your agent wants to do everything they can to ensure you do not experience gaps in coverage, but this takes a lot of examination and analysis because they are trying to project into the future to predict what disasters might befall your practice. By asking your agent questions, you will both build confidence that the insurance products are the correct ones. Step 3: Send your agent updates when you make any change to your practice or your office, no matter how small they may seem. When you choose an insurance policy and make that first payment you are accepting responsibility to manage your coverage going forward. As your practice grows and develops, your insurance needs will change, and your coverage must be updated to adapt accordingly. Adding or subtracting certain dental procedures will impact your malpractice coverage as well as your premium. As will making significant changes to your number of clinical hours per week or adding a new practice location. Purchasing a new piece of equipment or expanding your office space could leave you under-covered if you do not notify your agent. Even neglecting to advise your agent that your mailing address has changed could lead you to miss a premium payment and cause your policy to lapse. Your agent wants to hear from you. They want to help you maintain appropriate coverage. This is the information I wish every one of my clients understood. Now that you know, make sure to share it with your colleagues. They will thank you, and so will their insurance agent! Written by: Eric Harper

Let’s Talk About Employment Practices Liability Insurance (EPLI). Picture this: It’s your favorite time of year. The sun is shining, your practice is thriving, and you’re preparing for a well-earned vacation next week. Are you thinking, “Today is the perfect day to plan for discrimination allegations”? Probably not. As a dental practice owner, you’re constantly juggling responsibilities. You are practicing Dentistry and running a business! You are shaping a practice where patients and employees can thrive, while managing appointments, budgets, equipment updates, and staff concerns. The last thing you want on your mind is a disgruntled employee or a patient threatening legal action. “Not today,” you think. “I’ll deal with that later.” But in the world of risk management, later can be a dangerous gamble. When Is the Best Time to Get EPLI Coverage? Something I learned early in risk management is that the worst time to buy fire insurance is when your house is already on fire. Similarly, the worst time to figure out your strategy for employment practice-related lawsuits is when a disgruntled employee storms out of your office, or worse, you've just been served with legal papers! As a wise man once said, “An ounce of prevention is worth a pound of cure.” But what does prevention look like when it comes to discrimination or harassment allegations in a busy dental office? It starts with recognizing how vulnerable any practice can be. Where Do EPLI Lawsuits Come From? Many dentists assume a lawsuit requires solid proof of real harm. Sometimes that is true. For example, defamation and malpractice cases often demand clear evidence. Even the burden of proving bodily injury and property claims starts with the plaintiff. Employment practice claims are different. Allegations that cost tens of thousands of dollars to dispute can be exaggerated or even completely false. These allegations can come in the form of a lawsuit, an EEOC complaint or a number of other regulatory actions. And the craziest part? These claims don’t come from employees only; they can arise from patients as well. Here are a few examples of common claim triggers: Patient Allegations (Third-Party) If a patient alleges you refused treatment because of race, religion, gender identity, or another characteristic, the burden of proof often shifts to you. You must prove that the allegation is not true. Employee Allegations (First-Party) If an employee claims they were fired because of age, gender, disability, or a hostile work environment, you must provide strong evidence that your decisions were based on legitimate business reasons. In these cases, the truth alone is not enough. You need documentation, legal representation, and time, which all come with financial and reputational costs. What Can EPLI Coverage Do for My Dental Practice? This is where Employment Practices Liability Insurance (EPLI) becomes not just an option, but a non-negotiable safeguard for your dental practice. EPLI isn't a luxury; it's the only type of business insurance for dentists specifically designed to protect your practice against the devastating financial fallout of: Discrimination Allegations: Claims based on race, gender, age, religion, disability, national origin, sexual orientation, and more. Workplace Harassment Allegations: Claims of harassment, bullying, or creating a hostile work environment. Wrongful Termination: Allegations of unfair or illegal firing. Failure to Address Complaints: Claims that management ignored or mishandled reports of misconduct. Retaliation: Employees claiming adverse action after reporting issues (e.g., patient safety concerns, workplace misconduct). Wage and Hour Disputes: In some specialty policies or with specific endorsements, EPLI can even cover defense costs for claims related to unpaid overtime or misclassification. A strong EPLI policy also gives you access to helpful risk management tools, such as: Employee handbook reviews Best practice guidance Vulnerability assessments Hotlines for real-time HR or legal support These resources can prevent claims or help contain them before they get worse. What Should I Do Now? As with any important decision, there is no “one-size-fits-all” approach when it comes to protecting your Dental Practice. The right solution depends on several factors, some of which include: Your current policies and procedures How long your practice has been in operation Whether it was a start-up or an acquisition The number of employees and patients at your practice Employee turnover and retention The litigation exposure in your region So where should you begin? Start by talking with your Advisor at CFS Dental Division to review the Employment Practices Liability coverage options that make the most sense for your situation. Saying goodbye to “Later” Whether the sun is shining or the rain is pouring, Employment practice lawsuits can drain a thriving dental practice. Legal fees, settlements, lost time, the emotional toll, and damage to your reputation can add up quickly, even when the allegations are completely baseless. The question is not whether your practice needs EPLI. The question is whether you will have it in place before something goes wrong. You don’t want to let “later” become too late. Written by: Matthew Christy

What is Business Overhead Expense (BOE)? BOE is a type of disability insurance specifically for business owners. It is designed to reimburse an owner's practice for fixed expenses associated with the business if the owner becomes disabled. It is very important to know that BOE insurance does not replace your personal disability income. These policies are designed to help keep the business afloat while you recover. If you have a personal disability insurance policy and own a practice, it is very important that you get a BOE policy in place. If you own a business and just have a personal disability policy in place, then you’re going to have to dip into your personal benefit to help keep the business afloat while you’re out of work. Having the two policies in place allows you to keep your business and personal benefit income separate. As a dental practice owner, you are solely responsible for keeping your business running. So, if you become injured and are unable to work, your income might stop but the operating costs of your practice will continue. This is where BOE insurance becomes a very important piece of financial and practice management strategy. What expenses does BOE typically cover? Employee Salaries: Wages, payroll taxes, benefits for your staff Rent or Mortgage Payments: The cost of your office space Utilities and Maintenance: Electric, gas, water, internet, phone services Insurance Premiums: Malpractice, general liability, property insurance Professional services: Accounting, legal and billing services Lease Payments: dental chairs, x-ray machines Features and Things to consider: Monthly Benefit - Determining the benefit amount is one of the first steps for getting BOE. The monthly benefit amount should match or slightly exceed the average monthly eligible expenses. Increase Options - Increase riders are extremely important to have in these policies for a couple of reasons. One, if you’re just starting your business you may not want to pay for a large benefit of BOE up front so, you are able to get a smaller benefit to lock your health and rates and then increase the benefit later on when the practice is doing well. Two, As your business starts to grow so will your expenses and it is important to make sure you increase your BOE to properly cover you throughout the years. Tax Deductible - The premiums you pay on BOE insurance are generally tax-deductible as a business expense. In some cases, a Business Overhead Expense policy may be required when obtaining a loan but whether it’s required or not, it is a policy that every owner should have. When you get Business Overhead Expense insurance, you are implementing a safe guard for your practice, protecting your staff, and protecting your financial future against any unexpected accidents. Written by: Michael Dougherty
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