
𦷠How Dentists Can Avoid Legal Trouble in Billing, Collections, and Coding
What Every In-Network Provider Should Know to Stay Out of Jail
Letās face it: running a dental practice today involves more than great clinical care. You're also managing the minefield of insurance billing, collections, and codingāwhere even innocent mistakes can trigger audits, clawbacks, fines, or worse.
The phrase "going to jail" might sound dramatic, but the risk of civil or criminal penalties for insurance fraud, even unintentional, is very real. Thatās why compliance isnāt optionalāitās your safety net.
If youāre an in-network provider juggling PPO plans, third-party administrators, and patient billing, hereās what you need to know (and avoid) to keep your license, your reputation, and your freedom intact.
First: What Could Land You in Trouble?
Dentists rarely set out to commit fraudābut bad habits, shortcuts, or lack of oversight can lead to serious consequences. Here are common issues that can trigger investigations:
Billing for procedures not performed
Upcoding (billing for a more expensive procedure than what was done)
Unbundling procedures that should be billed together
Waiving copays/coinsurance without disclosing it to the insurance company
Misrepresenting provider identity (e.g., billing under another doctorās NPI)
Altering treatment dates or records to fit coverage guidelines
Dual fee schedulesācharging different rates based on insurance status
Even if you didn't mean to defraud anyone, you can still be held liable for negligence or misrepresentation.
1. Only Bill for What You Actually Did
This may sound obvious, but mistakes happen when teams pre-code appointments or assume treatment will go as planned.
Best Practice: Post charges after the treatment is complete, and ensure documentation supports every procedure billed.
Example:
Don't bill a crown if only a prep was completed that day.
Donāt bill D4910 (periodontal maintenance) on someone who never had SRP (D4341/4342)āeven if they have bone loss.
2. Stay in Your Coding Lane
Using the right CDT codes for the services provided is non-negotiable. Don't ācreatively codeā to fit insurance limitations or get coverage.
Examples of risky coding:
Billing D2391 (one-surface composite) for a three-surface filling to avoid a denial
Using D1110 (prophylaxis) on patients with active perio disease because D4910 isnāt covered
Billing for a panoramic X-ray (D0330) when only bitewings were taken
Best Practice: Follow ADA CDT code definitions, and document clearly in your notes why each code was used.
3. Avoid Waiving Copays or Deductibles (Unless Properly Disclosed)
Waiving patient portions might seem generousābut doing so without informing the insurance plan is considered insurance fraud.
Why? Because youāre essentially telling the insurer the procedure costs more than it actually does.
If you truly want to waive a copay, document it, discount it formally, and let the insurer know. Otherwise, offer financial hardship programs instead of blanket waivers.
4. Use Accurate Provider Information (NPI, Tax ID, etc.)
Never bill under a different provider's NPI to get around credentialing delays or plan restrictions. This is considered misrepresentation of identity and can lead to serious sanctions.
Best Practice: Ensure each doctor is credentialed individually with every plan you bill under.
5. Track Your Dual Fee Schedules Carefully
If you're in-network with some plans and out-of-network or fee-for-service with others, your practice may have different fee schedules. Thatās fineābut be consistent and transparent.
What NOT to do:
Charge insurance more than you'd charge a cash patient for the same service
Discount services for patients without adjusting the UCR fee in your records
Bill your full fee to insurance while secretly reducing the patientās share
Best Practice: Make sure your UCR fees are legitimate and consistently appliedāand that discounts are documented clearly.
6. Keep Detailed, Defensible Documentation
Your clinical notes should match what you billed, every time. Auditors and third-party payers will compare claims to clinical notesāand if something looks off, it can trigger deeper investigations.
Include:
Tooth numbers and surfaces
Clinical justification (e.g., decay, fracture, bone loss)
Pre-op and post-op conditions
Materials used and time taken
Radiographs and intraoral photos, when possible
Treat your chart like a legal documentābecause it is.
7. Train (and Audit) Your Team Regularly
Many coding or billing errors happen at the front deskānot in the operatory. Your team needs training in:
Proper use of CDT codes
Financial disclosures to patients
Insurance limitations and how to explain them
HIPAA-compliant billing practices
Best Practice: Conduct internal audits regularly or hire a third-party to do a compliance checkup.
Bonus: Watch for Red Flags That Can Trigger an Audit
A high volume of one particular procedure code (e.g., SRPs, crowns)
Frequent use of āunusualā codes or modifiers
Billing patterns inconsistent with peers in your area
Patient complaints to their insurer
Final Thoughts: Compliance = Protection
You didnāt go to dental school to become a coding expertābut in todayās insurance-driven world, understanding compliance is part of protecting your license, your livelihood, and your future.
Approach billing and collections with transparency, integrity, and documentationāand you wonāt have to worry about audits, clawbacks, or worse.
Benjamin Tuinei
Founder - Veritas Dental Resources, LLC
Phone: 888-808-4513
Services:
PPO Fee Negotiators | PPO Fee Negotiating | Insurance Fee Negotiating
Insurance Credentialing | Insurance Verifications
Websites:
www.VeritasDentalResources.com | www.VerusDental.com