Category: Alerts
Consumer Advisory: Reopened Dental Practices Could be Violating the Consumer Protection Act by Charging Consumers for Enhanced Infection Controls
Maryland Attorney General Brian E. Frosh is alerting consumers to surcharges by some dental providers that could violate the Consumer Protection Act. Dentists may once again provide elective and non-urgent care if they comply with the Secretary of Health’s May 6, 2020 Order requiring enhanced infection controls, but some providers may be improperly imposing additional fees.
“Consumers have notified us that some reopened practices are collecting additional, upfront amounts for the costs of enhanced infection controls, including personal protective equipment,” said Attorney General Frosh. “Many dental insurance agreements prohibit certain upfront fees and consumers should be aware that this practice may violate the Consumer Protection Act.”
Complaints have generally referenced fees in the range of $10 - $20 per visit, but the Office has also heard anecdotally about charges as high as $172.
Attorney General Frosh’s Consumer Protection Division also sent a letter today to the Maryland State Board of Dental Examiners and the Maryland State Dental Association alerting the dental provider community to the Office’s position that imposing additional fees, particularly those charged upfront to all patients, may violate the Consumer Protection Act’s prohibition against unfair or deceptive trade practices. Provider-carrier contracts, as well as public and private insurance laws, typically prohibit participating providers from charging such fees to insured consumers.
