🦷 How Dentists Can Avoid Legal Trouble in Billing, Collections, and Coding

🦷 How Dentists Can Avoid Legal Trouble in Billing, Collections, and Coding

March 27, 2025•4 min read

What Every In-Network Provider Should Know to Stay Out of Jail

Let’s face it: running a dental practice today involves more than great clinical care. You're also managing the minefield of insurance billing, collections, and coding—where 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. That’s why compliance isn’t optional—it’s your safety net.

If you’re an in-network provider juggling PPO plans, third-party administrators, and patient billing, here’s 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 fraud—but 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 doctor’s NPI)

  • Altering treatment dates or records to fit coverage guidelines

  • Dual fee schedules—charging 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.

  • Don’t bill D4910 (periodontal maintenance) on someone who never had SRP (D4341/4342)—even 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 ā€œcreatively 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 isn’t 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 generous—but doing so without informing the insurance plan is considered insurance fraud.

Why? Because you’re 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. That’s fine—but 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 patient’s share

Best Practice: Make sure your UCR fees are legitimate and consistently applied—and 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 notes—and 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 document—because it is.


7. Train (and Audit) Your Team Regularly

Many coding or billing errors happen at the front desk—not 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 ā€œunusualā€ codes or modifiers

  • Billing patterns inconsistent with peers in your area

  • Patient complaints to their insurer


Final Thoughts: Compliance = Protection

You didn’t go to dental school to become a coding expert—but in today’s insurance-driven world, understanding compliance is part of protecting your license, your livelihood, and your future.

Approach billing and collections with transparency, integrity, and documentation—and you won’t 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

 

Benjamin Tuinei is a leading expert in PPO strategies and fee negotiations, recognized by multiple state dental associations and continuing education institutions. Since beginning his dental career in 2007, he has helped over 9,000 dentists improve insurance reimbursements, influencing more than $5 billion in negotiated revenue. His expertise in restructuring billing departments increased collections from 65% to 98%, and his negotiation skills with third-party payors boosted insurance revenue by nearly $1 million, earning widespread recognition from dental practices across several states.

Benjamin Tuinei

Benjamin Tuinei is a leading expert in PPO strategies and fee negotiations, recognized by multiple state dental associations and continuing education institutions. Since beginning his dental career in 2007, he has helped over 9,000 dentists improve insurance reimbursements, influencing more than $5 billion in negotiated revenue. His expertise in restructuring billing departments increased collections from 65% to 98%, and his negotiation skills with third-party payors boosted insurance revenue by nearly $1 million, earning widespread recognition from dental practices across several states.

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