The 85% Rule: How Dental Loss Ratio (DLR) Laws Are Giving You New Leverage in PPO Negotiations

The 85% Rule: How Dental Loss Ratio (DLR) Laws Are Giving You New Leverage in PPO Negotiations

April 14, 20267 min read

For years, the dance between dental practices and insurance carriers has felt less like a partnership and more like a hostage situation. You know the routine. You submit a request for a fee increase because, let’s face it, the cost of everything, from impressions to gloves to the electricity running your sterilizers, has skyrocketed.

You wait. You hope. You might even have burned some sage and offered up a prayer to the insurance gods.

Then, the response comes back in that cold, corporate font: "We have reviewed your request and determined that your current fee schedule is within the market average. At this time, we do not have the budget for an increase. This offer is final."

Translation?

"We see your overhead is killing you, but our shareholders want a bigger dividend this quarter, so... good luck with that."

It’s frustrating. It’s exhausting. And for a long time, it felt like there was absolutely nothing you could do about it. But the tide is turning. There’s a new player on the field called Dental Loss Ratio (DLR), also known as the "85% Rule," and it is about to become the biggest stick you’ve ever carried into a PPO negotiation.

What is the 85% Rule (And Why Should You Care?)

If you’ve ever looked at your medical insurance and wondered why they seem to have more "rules" about how they spend money than dental plans do, you’re onto something. Under the Affordable Care Act, medical insurers are required to spend a certain percentage of premiums on actual patient care. If they don’t, they have to send a check back to the policyholders.

For decades, dental insurance lived in the Wild West. They could collect $100 in premiums, spend $60 on patient care, and pocket $40 for "administrative costs" (read: executive bonuses and shiny glass buildings).

The 85% Rule changes the math.

Essentially, DLR laws require dental carriers to spend a massive majority, usually 80% to 85%, of the premiums they collect on clinical care and provider reimbursements. If they spend more than 15% or 20% on administration and profit, they are legally mandated to refund the difference to the employers and patients who paid the premiums.

Empowered dentist reviewing new DLR laws on a tablet to leverage PPO negotiations.

The "No Budget" Excuse Just Died

For years, the "we don't have the budget" excuse was the ultimate conversation stopper. It was the "it's not you, it's me" of the insurance world. It’s hard to argue with a "budget," right?

Wrong.

With DLR laws sweeping across the country, with over 25 states filing legislation since 2023, that excuse is officially on life support. When a carrier is forced to meet an 85% spending threshold, they suddenly find themselves in a very strange position. They have to spend money. If they don’t spend it on you (the provider), they have to give it back to the policyholder.

Think about that for a second. If an insurance company is sitting at a 75% loss ratio and the law says they must hit 85%, they have two choices:

  • Write thousands of individual refund checks to patients and employers (an administrative nightmare that makes them look incompetent).

  • Increase provider reimbursements to bridge the 10% gap.

Which one do you think they’d prefer? Exactly. Increasing your fees isn't just "fair" anymore, it’s a compliance strategy for them.

Turning Legislation into Leverage

So, how do you actually use this? You don't just call up a rep and shout "DLR!" into the phone. You have to be strategic. You have to show them that you know their "empty pockets" act is a total fiction.

At Veritas Dental Resources, we’ve spent years in the trenches of revenue optimization, and we’ve seen every trick in the book. When we help a practice negotiate, we aren't just asking for more money, we are presenting a case based on data and the new regulatory reality.

  1. Call Their Bluff

    The next time a carrier tells you they can't afford an increase, you (or your consultant) can point to the DLR requirements in your state. You can essentially say, "We noticed the state now requires an 85% spend on care. Since we are one of the top providers in this region for your members, increasing our fees is the most efficient way for you to meet those mandatory spending ratios."

  2. Highlight Quality and Access

    Insurance companies are terrified of "network adequacy" issues. If they don't pay enough, doctors leave. If doctors leave, they can't sell plans to employers. By combining the DLR argument with your practice's specific value, your patient volume, your specialty services, or your location, you create a "must-have" scenario for them.

  3. Use the Momentum

    Massachusetts was the pioneer, passing a landmark DLR ballot initiative in 2022. Since then, states like Nevada, Arizona, and others have been pushing hard. Even if your specific state hasn't fully implemented the law yet, the threat of it is enough to make carriers nervous. They know the era of 40% profit margins is ending. They are looking to adjust their models now, and you need to be at the front of the line when they do.

Dental practice leaders strategizing to avoid PPO network traps and optimize practice revenue.

The "Take It or Leave It" Trap

We often see practices fall into the "Umbrella Network Trap." Carriers love to shuffle you around, trying to find the lowest possible rate they can pay you while still keeping you in the network. It’s a shell game, and if you aren't careful, you’ll end up losing thousands of dollars to an invisible leak you didn't even know existed.

The 85% Rule is your shield against the "take it or leave it" offer. When a carrier realizes you understand their financial obligations better than they expected, the dynamic changes. You stop being a "vendor" they can squeeze and start being a "provider" they need to retain to stay compliant with the law.

Why This Matters Right Now

Wait-and-see is not a strategy. The insurance companies are already working on ways to circumvent these laws. Some are trying to reclassify administrative tasks as "quality improvement activities" to cheat the percentage. Others are denying claims using manuals that haven't been updated since the 90s.

You need to act while the legislative momentum is on your side.

If you are feeling stuck, or if the "half-pay shuffle" is making your bank account look thinner than it should, it’s time to get an expert in your corner. You wouldn't let a patient diagnose their own periodontal disease, so why are you trying to diagnose the complex financial web of PPO contracts on your own?

At Veritas, we don’t just look at your fees, we look at the whole picture. From PPO enrollment to ensuring you aren't making costly mistakes with CAQH, we help you reclaim the revenue that the insurance companies have been "budgeting" away from you for years.

The Veritas Angle: We Don't Take "No" for an Answer

We know the industry tricks because we live them every day. We know that insurance doesn't diagnose teeth, you do. And we believe you should be paid fairly for that expertise.

The 85% Rule is a gift, but only if you know how to unwrap it. It gives you the moral and legal high ground to say: "I know you have the money. Now, let's talk about how much of it belongs to the people actually doing the work."

Successful dental team empowered by new DLR laws to negotiate better PPO insurance rates.

Are You Ready to Fight Back?

The days of being bullied by a giant carrier with a bottomless pit of excuses are over. The DLR laws are the crack in the armor. It's time to wedge a crowbar in there and pry it open.

Stop accepting the "market average." Stop believing the budget myths. And for the love of all things holy, stop letting insurance companies dictate the value of your clinical skill.

If you’re ready to see what your real leverage looks like, let's talk. Our team is ready to help you navigate these new laws and turn them into actual dollars in your practice's pocket.

Don't wait for the carrier to offer you more money out of the goodness of their heart. Spoiler: They won't.

Book a consultation with us today and let's start turning the 85% rule into your 100% success story.

Because at the end of the day, the insurance company isn't the one holding the handpiece, you are. It’s time your reimbursement reflected that.


Benjamin Tuinei
Founder – Veritas Dental Resources, LLC
📞 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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