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ADA Files Class Action Lawsuit Against Delta Dental For Antitrust Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 26, 2019, the American Dental Association (ADA) and two individual dentists filed a class-action lawsuit against the Delta Dental Plans Association, its affiliated national entities, and 39 independent Delta Dental companies. The suit alleges the provider network engaged in anticompetitive conduct and violated federal antitrust laws.

The ADA filed its lawsuit in the U.S. District Court for the Northern District of Illinois.

Details of the Suit.

The complaint alleges Delta Dental allocated territories of operation and divided the national market to restrict competition, reduce reimbursement rates, and force unfavorable coverage to dentists. “Its harm is reflected in the suppression of compensation below levels that would prevail in a competitive marketplace to dentists who are members of the Delta Dental provider network,” the suit alleges.

Hurting Both Dentists and Patients.

The complaint goes on to say that Delta’s anticompetitive acts hurt both dentists and patients by limiting the choices of dental care available. When compensation can’t cover dentists’ costs, they aren’t able to take time from commercially insured customers and serve the dental needs of other patients, like those on Medicaid, said the ADA.

Click here to view the complaint in this case in full.

To read the press release issued by the ADA, click here.

Click here to read one of my prior blogs on a similar case dealing with dentists and an antitrust case.

Contact Health Law Attorneys Experienced in Representing Dentists.

The attorneys of The Health Law Firm provide legal representation to dentists in the Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Board of Dentistry and other types of investigations of health professionals and providers.

Our firm also routinely represents physicians, dentists, orthodontists, medical groups, clinics, pharmacies, home health care agencies, nursing homes and other health care providers in AHCA investigations, audits and recovery actions, as well as Medicare and Medicaid investigations, audits and recovery actions.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Cullen, Anne. “Dentists Sue Delta Dental Over Antitrust Conspiracy.” Law360. (November 27, 2019). Web.

Versaci, Mary Beth. “American Dental Association files lawsuit against Delta Dental.” ADA. (November 26, 2019). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved. federal antitrust laws, health defense attorney, health defense lawyer, legal representation for dentists, health law firm, The Health Law Firm

Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration

1 Indest-2008-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply manufacturer as a plaintiff. It accused six others of unfairly pushing it out of the market. U.S. District Judge Rodney Gilstrap overturned a magistrate’s decision to send the case to arbitration. But the six suppliers argued that the district court judge improperly relied on unspecified injunctive relief which is only a minor part of the case.

Does the Case Belong in Court?

The plaintiff, Archer and White Sales, Inc. (Archer), first filed its suit against Henry Schein Inc., the Danaher Corp., Instrumentarium Dental Inc., Dental Equipment LLC, Kavo Dental Technologies and Dental Imaging Technologies Corp. in August 2012. Most of these are names that any dentists would recognize.

The magistrate had ruled that because the case involves more than just a request for injunctive relief, it should be referred to arbitration and the arbitrator should decide whether the case belongs in court. The agreement between the two parties does incorporate the American Arbitration Association’s (AAA) rules, which state that arbitrators have the right to decide questions of arbitrability. To read the brief from this case in full, click here.

Click here to visit our website and learn more about the specifics of arbitration.

To read one of my prior blogs involving cases of arbitration, click here.

Contact Experienced Health Law Attorneys in the Representation of Dentists and Other Health Professionals.

The Health Law Firm routinely represents dentists, dental technicians, pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing dentists and dental hygienists and other health professionals in investigations and at Board of dentistry hearings and other legal matters. Call now or visit our website www.TheHealthLawFirm.com.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com

Sources:

Kass, Dani. “Dental Supply Cos. Say Antitrust Suit Belongs In Arbitration.” Law360. (March 21, 2017). Web.

Kass, Dani. “Dentists Say Small Supplier Joined Price-Fixing Conspiracy.” Law360. (February 17, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation in antitrust suits, legal representation ofr dentists, antitrust defense attorney, legal representation for alternative dispute resolution proceedings, legal counsel for informal mediations and formal mediations, complex litigation attorney, lawyer in complex health litigation, legal representation for arbitration, legal counsel for dentists, American Arbitration Association (AAA), arbitration defense attorney, legal representation for judicial arbitration, legal representation in federal cases, health care facility arbitration defense attorney, dental law attorney, health care professional arbitration defense attorney, health law defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration

1 Indest-2008-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply manufacturer as a plaintiff. It accused six others of unfairly pushing it out of the market. U.S. District Judge Rodney Gilstrap overturned a magistrate’s decision to send the case to arbitration. But the six suppliers argued that the district court judge improperly relied on unspecified injunctive relief which is only a minor part of the case.

Does the Case Belong in Court?

The plaintiff, Archer and White Sales, Inc. (Archer), first filed its suit against Henry Schein Inc., the Danaher Corp., Instrumentarium Dental Inc., Dental Equipment LLC, Kavo Dental Technologies and Dental Imaging Technologies Corp. in August 2012. Most of these are names that any dentists would recognize.

The magistrate had ruled that because the case involves more than just a request for injunctive relief, it should be referred to arbitration and the arbitrator should decide whether the case belongs in court. The agreement between the two parties does incorporate the American Arbitration Association’s (AAA) rules, which state that arbitrators have the right to decide questions of arbitrability. To read the brief from this case in full, click here.

Click here to visit our website and learn more about the specifics of arbitration.

To read one of my prior blogs involving cases of arbitration, click here.

Contact Experienced Health Law Attorneys in the Representation of Dentists and Other Health Professionals.

The Health Law Firm routinely represents dentists, dental technicians, pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing dentists and dental hygienists and other health professionals in investigations and at Board of dentistry hearings and other legal matters. Call now or visit our website www.TheHealthLawFirm.com.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com

Sources:

Kass, Dani. “Dental Supply Cos. Say Antitrust Suit Belongs In Arbitration.” Law360. (March 21, 2017). Web.

Kass, Dani. “Dentists Say Small Supplier Joined Price-Fixing Conspiracy.” Law360. (February 17, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation in antitrust suits, legal representation ofr dentists, antitrust defense attorney, legal representation for alternative dispute resolution proceedings, legal counsel for informal mediations and formal mediations, complex litigation attorney, lawyer in complex health litigation, legal representation for arbitration, legal counsel for dentists, American Arbitration Association (AAA), arbitration defense attorney, legal representation for judicial arbitration, legal representation in federal cases, health care facility arbitration defense attorney, dental law attorney, health care professional arbitration defense attorney, health law defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Florida Board of Dentistry Makes Changes to Anesthesia Rules

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 13, 2017, The Florida Board of Dentistry updated rules and terminology for the use of anesthesia. The Board changed terminology from “conscious sedation” or “pediatric conscious sedation” to “moderate sedation” or “pediatric moderate sedation.”

The updates were done to ensure that the terminology adequately describes the type of anesthesia that is being performed.

Existing Permit Holders.

If you are a dentist that currently holds a “conscious sedation” or “pediatric conscious sedation” permit, you will receive a new permit with the updated terminology. The Board made no substantive changes to the definition or level of permit.

For more information on the requirements, rules and the process of getting a “moderate sedation” or “pediatric moderate sedation” permit, click here.

View the complete updated anesthesia rules including rules for all permit holders.

If you are a medical professional in the dentistry field, be sure to check our Dental Law Blog regularly to stay on top of news and changes that may affect your dental license.

Click here to find out how The Health Law Firm can assist you if you are facing legal trouble or need representation.

Contact Health Law Attorneys Experienced with Department of Health Investigations of Dentists.

The attorneys of The Health Law Firm provide legal representation to dentists in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations and other types of investigations of health professionals and providers. Additionally, we represent dentists in purchases and sales of dental practices, Medicaid and insurance audits, legal disputes over contracts and business matters, and Board of Dentistry hearings. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Today’s FDA. “Information About The Florida Board of Dentistry.” www.floridadental.org. (February 27, 2018). Web.

“Important Update Regarding Conscious Sedation and Pediatric Conscious Sedation Permit Holders.” The Florida Board of Dentistry. (February 27, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Dentist attorney, legal representation for dentists, dentistry defense attorney, dental representation, Board of Dentistry representation, representation for Board of Dentistry investigations, Board of Dentistry defense lawyer, legal representation for Board of Dentistry matters, representation for investigations of dentists, dental compliance attorney, dental anesthetists representation, medical anesthetists representation, dental anesthetists defense attorney, medical anesthetists defense lawyer, legal representation for health care professionals, health law defense attorney, dental facility representation, legal counsel for dentists, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

 

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

Florida Board of Dentistry Makes Changes to Anesthesia Rules

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 13, 2017, The Florida Board of Dentistry updated rules and terminology for the use of anesthesia. The Board changed terminology from “conscious sedation” or “pediatric conscious sedation” to “moderate sedation” or “pediatric moderate sedation.”

The updates were done to ensure that the terminology adequately describes the type of anesthesia that is being performed.

Existing Permit Holders.

If you are a dentist that currently holds a “conscious sedation” or “pediatric conscious sedation” permit, you will receive a new permit with the updated terminology. The Board made no substantive changes to the definition or level of permit.

For more information on the requirements, rules and the process of getting a “moderate sedation” or “pediatric moderate sedation” permit, click here.

View the complete updated anesthesia rules including rules for all permit holders.

If you are a medical professional in the dentistry field, be sure to check our Dental Law Blog regularly to stay on top of news and changes that may affect your dental license.

Click here to find out how The Health Law Firm can assist you if you are facing legal trouble or need representation.

Contact Health Law Attorneys Experienced with Department of Health Investigations of Dentists.

The attorneys of The Health Law Firm provide legal representation to dentists in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations and other types of investigations of health professionals and providers. Additionally, we represent dentists in purchases and sales of dental practices, Medicaid and insurance audits, legal disputes over contracts and business matters, and Board of Dentistry hearings. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Today’s FDA. “Information About The Florida Board of Dentistry.” www.floridadental.org. (February 27, 2018). Web.

“Important Update Regarding Conscious Sedation and Pediatric Conscious Sedation Permit Holders.” The Florida Board of Dentistry. (February 27, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Dentist attorney, legal representation for dentists, dentistry defense attorney, dental representation, Board of Dentistry representation, representation for Board of Dentistry investigations, Board of Dentistry defense lawyer, legal representation for Board of Dentistry matters, representation for investigations of dentists, dental compliance attorney, dental anesthetists representation, medical anesthetists representation, dental anesthetists defense attorney, medical anesthetists defense lawyer, legal representation for health care professionals, health law defense attorney, dental facility representation, legal counsel for dentists, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

 

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.