MA State Laws for Dental Professionals
Below is information on Massachusetts laws applicable to dentistry and/or employers in Massachusetts.
Board of Registration in Dentistry (BORID)
Criminal Offender Record Information (CORI) Act
Electronic Health Records (EHR)
Management of Medical or Biological Waste
Mandated Reporting Requirements
Massachusetts Use Tax
Paid Family and Medical Leave
To comply with the state's new Paid Family Medical Leave (PFML) regulations, all Massachusetts employers in are required to do the following:
1. Posting Requirement
- Employers were required to display a poster describing PFML benefits in a highly visible location by July 1, 2019. The posting must be in English and also any other language that is the primary language of five or more employees.
- The Department of Family and Medical Leave has produced a poster for employers to utilize (13 languages, including English, are available to date).
2. Written Notice
- For current employees: Notice on PFML must be provided by September 30, 2019. The notice may be provided electronically and must include the opportunity for an employee or self-employed individual to acknowledge receipt or decline to acknowledge receipt of the information.
- For future employees: An employer must provide a written notice to all workers within 30 days of the worker’s first day of employment.
- You must obtain a written acknowledgment receipt or decline acknowledgement receipt from each employee. This template allows you to enter your practice information. You can default the percentage information to what is shown in the document.
Currently, the total contribution amount is 00.63% of wages. Of that 00.63% total contribution amount, there is a split: 17.5% is a family leave contribution and 82.5% is a medical leave contribution. Under the law, employers are permitted to deduct from employees’ wages up to 40% of the medical leave contribution (82.5% of 00.63% of wages) and up to 100% of the family leave contribution (17.5% of 00.63% of wages). Please check with your payroll provider or accountant for additional clarification. Then the employees can acknowledge that they’ve received the form by signing and returning a copy to you (hard copy or via email).
The MDS also recommends you reach out to your payroll provider and/or accountant to discuss the required payroll deductions related to this regulation. Payroll deductions must begin on October 1, 2019.
For more information, please view these additional resources:
Patients First Act
On January 1, 2022, Governor Baker signed the “Patients First Act” into law. This act requires health care providers, including dental providers, to tell patients how much they will pay for planned procedures in advance of the treatment — based on the patient’s specific dental insurance plan benefits. Starting July 31, 2022, the Department of Public Health may fine providers who fail to comply with the requirements with a penalty of up to $2,500 for each non-compliance.
If you have not done so already, we encourage providers to implement applicable procedures to meet the new notice and billing requirements to minimize the prospect of regulatory scrutiny. Please note:
- If a dental provider is unable to quote a specific amount in advance of care due to the an inability to predict the course of treatment, the provider must disclose a maximum allowed amount for the service.
- If the provider does not participate in the patient’s dental benefits plan, they must inform the patient at the time of booking that the patient will be responsible for the cost of service or you must advise the patient that they can seek treatment with another provider who participates in the dental plan for a possible lower treatment cost.
- The MDS recommends that providers keep a copy of all patient communication regarding this process in the patient’s record.