Question: I’m turning 70 this year and am ready to retire. After buying out my partners over the years, I’m now the sole owner of the practice. Associate dentists have come and gone. I now employ one who is willing to take...more
2/26/2026
/ Acquisition Agreements ,
Asset Purchase Agreements ,
Asset Valuations ,
Business Succession ,
Business Valuations ,
Buyouts ,
Capital Gains ,
Corporate Sales Transactions ,
Dentists ,
Due Diligence ,
Letters of Intent ,
Liability ,
Purchase Agreement ,
Sale of Assets ,
Selling a Business ,
Share Purchase Agreements ,
Stock Purchase Agreement ,
Succession Planning ,
Tax Liability ,
Tax Planning ,
Taxation ,
Valuation
Question: I was recently approached by a company manufacturing certain dental appliances. This company also has “therapy programs” it has developed for sale to patients. It was explained to me that the company desired to...more
1/23/2026
/ Business Entities ,
Compliance ,
Corporate Governance ,
Corporate Practice of Medicine ,
Dentists ,
Enforcement Actions ,
Health Care Providers ,
Healthcare ,
Licensing Rules ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Shareholders
Dan Schulte answers common questions related to dental records in the latest issue of the Michigan Dental Association Journal.
Question: Am I required to furnish patient records to a patient upon request? Answer: The...more
12/18/2025
/ Confidentiality Policies ,
Consent ,
Dental Practice ,
Dentists ,
Disclosure Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Access Request ,
HIPAA Privacy Rule ,
Medical Records ,
Patient Access ,
Patient Privacy Rights ,
PHI ,
Privacy Laws ,
Record Retention ,
Right of Access
Question: Did the Federal Trade Commission cease litigating for its proposed ban on covenants not to compete? If we are going to continue to use them, what are some good pointers for drafting them?
Answer: This saga has...more
11/24/2025
/ Appeals ,
Best Practices ,
Contract Drafting ,
Contract Terms ,
Damages ,
Employer Covenants ,
Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Liquidated Damages ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Unenforceable Contract Terms
Question: My employment agreement terminated because neither I nor my employer remembered to renew the term after a year as the agreement required. Is that employment agreement still in force? If not, what happens now? Do I...more
10/3/2025
/ Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Terms ,
Employment Contract ,
Fixed-Term Labor Contracts ,
Non-Compete Agreements ,
Notice Requirements ,
Oral Contracts ,
Restrictive Covenants ,
Termination
Question: I am selling my practice and plan to become employed by the buyer for a year following the closing. I expect that I will have to agree to a covenant not to compete.
This article originally appeared in the August...more
8/27/2025
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Provisions ,
Asset Purchase Agreements ,
Contract Terms ,
Dentists ,
Employment Contract ,
Healthcare ,
Mergers ,
Non-Compete Agreements ,
Purchase Agreement ,
Restrictive Covenants ,
Selling a Business
Question: Last year we heard that the Federal Trade Commission was going to ban covenants not to compete. It was a big deal at the time. Nothing has been said about this in months. Is this still going to happen? If so,...more
7/25/2025
/ Antitrust Provisions ,
Appeals ,
Employee Rights ,
Employment Contract ,
Employment Policies ,
Enforcement ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Non-Compete Agreements ,
Regulatory Reform ,
Trump Administration
Question: It was recently brought to my attention that a patient posted on the internet false and misleading information regarding treatment I provided to her. The posting also contains false and defamatory descriptions of me...more
6/27/2025
/ Advertising ,
Defamation ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Misleading Statements ,
Online Reviews ,
Patient Privacy Rights ,
Personal Information ,
PHI ,
Privacy Laws ,
Risk Management ,
Social Media ,
Telecommunications ,
Websites
Question: Over the years, several of my colleagues and I have been the subject of investigations by the Michigan Department of Licensing and Regulatory Affairs. In most of these cases it’s hard to imagine why LARA is...more
5/28/2025
/ Dental Practice ,
Dentists ,
Enforcement Actions ,
Government Agencies ,
Health Care Providers ,
Healthcare ,
Investigations ,
Licensing Rules ,
Physicians ,
Public Health ,
Regulatory Agencies ,
Regulatory Oversight ,
State and Local Government
The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust violations. These...more
It has been reported that dentists and other health care professionals have been visited/contacted by U.S. Immigration and Customs Enforcement agents seeking to carry out “immigration policies” and to remove those unlawfully...more
Question: Early in every calendar year our accounts receivable tend to build up due to patients having to pay out of pocket before annual deductibles and co-pays reach their maximums. This typically results in a corresponding...more
Question: I have had several colleagues describe their experience with dental plan audits. All of them have had to pay something back. Sometimes they say this is due to a service being deemed a “noncovered service.” Other...more
1/31/2025
/ Audits ,
Dental Practice ,
Dentists ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Reimbursements ,
Risk Management
Question: I recently settled a licensing complaint with the state of Michigan during my compliance conference. In my view the complaint lacked merit. However, I did not want to go through an administrative hearing because it...more
The legal arguments advanced in these court cases mainly concern whether the FTC has the statutory authority to enact such a ban. Shortly before the September 4, 2024 effective date of FTC’s ban on covenants not to compete,...more
10/30/2024
/ Appeals ,
Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Court Litigation ,
Federal Trade Commission (FTC) ,
Florida ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
Question: My accountant and other are telling me there is some federal government filing that I must make by the end of the year. My personal information is being sought. Can you explain what this is all about, whether I have...more
8/30/2024
/ Beneficial Owner ,
Compliance ,
Constitutional Challenges ,
Corporate Transparency Act ,
FinCEN ,
Ownership Interest ,
Personal Information ,
Private Equity ,
Reporting Requirements ,
SBA ,
Tax Exempt Entities
Question: I am considering having one or two unpaid interns in my office at different times this summer. Are there restrictions on the type of tasks that I am legally able to have them perform? Are there other legal concerns...more
This Final Rule does not take effect until 120 days after it is published in the Federal Register. Litigation seeking to prevent the Final Rule from ever taking effect has already been commenced in the United States District...more
Daniel Schulte discusses why dentists should not incentivize patient referrals in The Journal of the Michigan Dental Association (November 2023).
Question: I would like to add a referral incentive program to attract new...more
Question: Due to a staffing shortage at my office, I have been forced to make some difficult choices. For example, I have had some patients who were seen previously only for an emergency visit. They had no regular dentist and...more
Question: Are covenants not to compete and liquidated damages provisions in employment agreements still enforceable? I have seen news reports about the Federal Trade Commission and National Labor Relations Board being...more
Question: I am under audit by a dental plan I participate with. The audit has identified a few issues in connection with how my billing employees have been submitting claims for payment. For example, the name of the treating...more
7/27/2023
/ Audits ,
Billing ,
Burden of Proof ,
Dental Practice ,
False Billing ,
Fraud ,
Health Care Providers ,
Insurance Claims ,
Misrepresentation ,
Participation Agreements ,
Reasonable Doubt
Question: Our eScribe software allows us to access a patient’s prescription history. We are able to see what medications have been prescribed by other health care providers. MAPS also allows us to do this. When requesting...more
Question: A health plan that I participate with has sent me a notice stating that it has audited some of the claims I have submitted over the past three years. The health plan believes that some of these claims were improper...more
Question: More and more I have patients refusing exams and X-rays for financial reasons. These patients only want to have their teeth cleaned. I am uncomfortable allowing this in my practice. What will happen if diseases or...more