COVID-19 Frequently Asked Questions

Employers with fewer than 50 employees are exempt from providing:

• Paid sick leave (due to school or place of care closures or child care provider unavailability for COVID-19 related reasons); and
• Expanded family and medical leave (due to school or place of care closures or child care provider unavailability for COVID-19 related reasons).

This exemption applies when doing so would jeopardize the viability of the small business as a “going concern.” An authorized officer of the business must determine that the:

• Expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity;
• The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or
• There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.

Wages are mandated to be paid if you’re using the Paycheck Protection Program (PPP).

COVID-19 Employment Law FAQs

Legal and ethical considerations are raised. The employee dentist is responsible for their license and to promote and adhere to the standards of the profession. Continuing to work under these circumstances may be both illegal and unethical, jeopardizing their licensure status as well as their professional status. While providing emergency care to patients of record may be necessary, non-essential treatment should be deferred until state and local public health authorities deem it appropriate to proceed. At the height of a public health emergency when social distancing has been ordered at all levels of government and recommended by the ADA, continuing “business as usual,” even with personal protective equipment (PPE) would be irresponsible and unethical. Patients, providers and the public would all be put at greater risk by not adhering to efforts to “flatten the curve.” Dentists, like other health care professionals are obligated to put the interests of patients as their primary concern. The social contract, however, that gives health care professionals their special status in society depends upon their continued support of not just individual well-being, but the well-being of their communities.

Under such circumstances the employee dentist should:

• Check with local authorities to determine if they are in violation of any law if they continue to work

• Discuss their concerns with their employer including sharing with the employer the ADA and CDC guidance on non-essential procedures

• Monitor their own health as well as the health of their immediate contacts

• Employees who are ill, are at high risk or have close contact with someone who is ill or at high risk should not exacerbate that risk

• Adhere to all requirements for social distancing, sanitation, sterilization and use of PPE

• Remember that each individual dentist is responsible for their own license and their own reputation

• Review their employment contract for any possible support it may provide 

These very difficult and fluid times will call for very difficult choices. Support through various state and federal plans are being developed to assist individuals with lost income but to whom those apply and how quickly those will be implemented remains to be seen. The compelling ethical obligation to “act for the benefit of others” (Beneficence) should take precedence. In a pandemic, all are at risk and dentists, like other healthcare professionals must act together to mitigate the damage in the most humane way. The social contract of the profession depends upon dentists’ “commitment to society that its members will adhere to high ethical standards of conduct.”

Every procedure and every patient is unique. Appropriate personal protective equipment should be available when instruments that produce an aerosol are used and it’s a good idea to consider using high speed evacuation in those cases since aerosol spread is one way that coronavirus can be transmitted. Of course, since no single answer can apply to every possible situation, dentists and hygienists should use their best professional judgment to determine what instrumentation should be needed for a particular procedure.

Follow the same procedures you would with a patient suspected to have, or confirmed to have, COVID-19: report the individual to your local health department and/or state health department. Those agencies will conduct any appropriate follow-up.

• Staff experiencing influenza-like-illness (ILI) (fever with either cough or sore throat, muscle aches) should not report to work.

• Staff who experience ILI and wish to seek medical care should contact their health care providers to report illness (by telephone or other remote means) before seeking care at a clinic, physician’s office, or hospital.

• Staff who have difficulty breathing or shortness of breath, or are believed to be severely ill, should seek immediate medical attention.

During this unprecedented global COVID-19 coronavirus pandemic, there is much uncertainty and growing concerns regarding the short and long-term financial impact it might have on dental practice owners, their employees and families. Members are seeking assistance in navigating their business risk exposures and insurance coverage for lost income or revenues from the temporary shutdown of their practice as a result of the increasing public health emergency state and federal advisories.

Business interruption is commonly made part of a property insurance or business owner’s policy (BOP) and as such, it pays out if the cause of loss is covered by the overarching or primary policy. Business interruption is intended to help cover a business’ lost income or revenues resulting from a disaster or covered peril which causes physical damage to the insured property and loss of occupancy as may be issued by a civil authority mandate. However, it is important to note that property insurance policies may contain a specific exclusion for disease or a virus causing agent in the policy definition of contaminant.

Given that insurance policy language varies by insurance company, state jurisdiction regulations, the date issued and how coverage is structured (optional riders), ADA members are best advised to consult with their personal insurance agent representative and/or legal counsel to carefully review their insurance policies and assess what coverage, if any, may exist for potential claims arising out of the coronavirus risk environment.

As with all legal and insurance documents, the fine print matters!

The Provider Relief Fund is a federal grant program to help qualifying providers pay for health care-related expenses or lost revenue attributable to COVID-19.

The ADA has developed a fact sheet (PDF) with details about the Provider Relief Fund, including instructions on how to apply. It is regularly updated to reflect the latest changes being made by Congress and the administration.

The term “healthcare related expenses attributable to coronavirus” is a broad term that may cover a range of items and services purchased to prevent, prepare for, and respond to coronavirus, including:

• Supplies used to provide healthcare services for possible or actual COVID-19 patients;
• Equipment used to provide healthcare services for possible or actual COVID-19 patients;
• Workforce training;
• Developing and staffing emergency operation centers;
• Reporting COVID-19 test results to federal, state, or local governments;
• Building or constructing temporary structures to expand capacity for COVID-19 patient care or to provide healthcare services to non-COVID-19 patients in a separate area from where COVID-19 patients are being treated; and
• Acquiring additional resources, including facilities, equipment, supplies, healthcare practices, staffing, and technology to expand or preserve care delivery.

Providers may have incurred eligible health care related expenses attributable to coronavirus prior to the date on which they received their payment. Providers can use their Provider Relief Fund payment for such expenses incurred on any date, so long as those expenses were attributable to coronavirus and were used to prevent, prepare for, and respond to coronavirus. HHS expects that it would be highly unusual for providers to have incurred eligible expenses prior to January 1, 2020.

The term “lost revenues that are attributable to coronavirus” means any revenue that you as a healthcare provider lost due to coronavirus. This may include revenue losses associated with fewer outpatient visits, canceled elective procedures or services, or increased uncompensated care. Providers can use Provider Relief Fund payments to cover any cost that the lost revenue otherwise would have covered, so long as that cost prevents, prepares for, or responds to coronavirus. Thus, these costs do not need to be specific to providing care for possible or actual coronavirus patients, but the lost revenue that the Provider Relief Fund payment covers must have been lost due to coronavirus. HHS encourages the use of funds to cover lost revenue so that providers can respond to the coronavirus public health emergency by maintaining healthcare delivery capacity, such as using Provider Relief Fund payments to cover:

• Employee or contractor payroll
• Employee health insurance
• Rent or mortgage payments
• Equipment lease payments
• Electronic health record licensing fees

You may use any reasonable method of estimating the revenue during March and April 2020 compared to the same period had the pandemic not happened. For example, if you have a budget prepared without taking into account the impact of COVID-19, the estimated lost revenue could be the difference between your budgeted revenue and actual revenue. It would also be reasonable to compare the revenues to the same period last year.

No. To ensure transparency, HHS will publish the names of payment recipients and the amounts accepted and attested to by the payment recipient.

HHS has posted a public list of providers and their payments once they attest to receiving the money and agree to the Terms and Conditions. All providers that received a payment from the Provider Relief Fund and retain that payment for at least 90 days without rejecting the funds are deemed to have accepted the Terms and Conditions. Providers that affirmatively attest through the Payment Attestation Portal or that retain the funds past 90 days, but do not attest, will be included in the public release of providers and payments. The list includes current total amounts attested to by providers from each of the Provider Relief Fund distributions, including the General Distribution and Targeted Distributions.

On March 21, 2020, the Treasury Department and Internal Revenue Service announced that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020.

Taxpayers can also defer federal income tax payments due on April 15, 2020, to July 15, 2020, without penalties and interest, regardless of the amount owed. This deferment applies to all taxpayers, including individuals, trusts and estates, corporations and other non-corporate tax filers as well as those who pay self-employment tax.

Taxpayers do not need to file any additional forms or call the IRS to qualify for this automatic federal tax filing and payment relief. Individual taxpayers who need additional time to file beyond the July 15 deadline, can request a filing extension by filing Form 4868 through their tax professional, tax software or using the Free File link on IRS.gov. Businesses who need additional time must file Form 7004.

The IRS urges taxpayers who are due a refund to file as soon as possible. Most tax refunds are still being issued within 21 days.

Even with the filing deadline extended, the IRS is urging taxpayers who are owed refunds to file as soon as possible and file electronically as this will be the quickest way to get refunds. 

Many states have also extended their filing and/or payment deadlines.  Please check with your state department of revenue website for the most current information.

The IRS also has posted Filing and Payment Deadlines Questions and Answers.

Additional tax information is available at IRS.gov/coronavirus.

Help may be available through the U.S. Small Business Administration’s Economic Injury Disaster Loan program. Under the program, small businesses in areas that have been declared disaster areas and experienced substantial economic injury because of COVID-19 may qualify for low-interest federal disaster loans for working capital.

Economic Injury Disaster Loans are available only to small businesses located in declared disaster areas and without credit available elsewhere. Businesses with credit available elsewhere are not eligible.

The loans, which may offer as much as $2 million in assistance, can be used to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. Long-term repayment plans, up to a maximum of 30 years, are available. Terms are determined on a case-by-case basis according to each borrower’s ability to repay.

Contact the SBA’s disaster assistance customer service center for more information. They can be reached at 1-800-659-2955 (TTY: 1-800-877-8339), or via e-mail to disastercustomerservice@sba.gov.

Applications for SBA Disaster Loan Assistance Loans are available online. Applicants will be required to provide a signed and dated IRS Form 4506-T: that information gives the Internal Revenue Service (IRS) permission to provide your tax return information to the SBA.

The business applies for the loan, not individual partners.

You can find more information about SBA loans on our Small Business Administration Loans page.

As long as the amount is the same that you pay them the same amount it doesn’t matter the way it’s structured.

PPP loans are available to 1099/independent contractor dentists, but not associate dentists.

You can find more information about SBA loans on our Small Business Administration Loans page.

You can find more information about SBA loans on our Small Business Administration Loans page.

There are certain re-employment safe harbors for employers. Most dental offices can use them.

Further details are on the PPP Loan Forgiveness Application Form.

You are required to document how your standard EIDL, PPP, and other loan monies are spent.

You are not required to document how the $10,000 EIDL grant (awarded upon applying) is spent. However, the ADA recommends that you keep records just in case.

You can find more information about SBA loans on our Small Business Administration Loans page.

There are a number of safe harbor provisions for the number of employees that need to be rehired.

The first page of the PPP Loan Forgiveness Form has further details.

Check out the fact sheet on the Small Business Administration Loans page.

Independent contractors are eligible for PPP loans under the 7(a) program.

You can find more information about SBA loans on our Small Business Administration Loans page.

As with any changes made to the way you practice, there are many considerations to think through before launching. Download the COVID-19 Coding and Billing Interim Guidance to aid you in working through the procedural steps to offering this service.

You’ll also need to address coding and billing for these services once you’ve launched your virtual dental services. The above referenced COVID-19 Coding and Billing guide will help prepare your for filing benefits claims. 

 

The programs and initiatives in the Coronavirus Aid, Relief, and Economic Security (CARES) Act recently passed by Congress are intended to address the immediate needs of federal student loan borrowers. There are opportunities for relief that borrowers can take advantage of to help mitigate the financial impact of COVID-19. This guide provides current information about the opportunities available from the Department of Education. The ADA will continue to provide updated information upon the release of further guidance. 

Important Facts to Know

• Temporary Suspension of Federal Student Loan Payments: Your federal student loan payments will automatically stop from March 13, 2020, through Sept. 30, 2020. During this time, federal student loan borrowers are not required to make a payment and no interest will accumulate on their federal loans. This relief does not apply to private loans.

• Employer Student Loan Repayment Benefits: Employees who receive student loan repayment as a work benefit will not have to pay taxes on employer-provided student loan repayment benefits (up to $5,250) between March 27, 2020, and Jan. 1, 2021.

• Federal Student Loan Cancellation: Federal student loan borrowers can have all or part of their student loan cancelled if they officially withdraw from the institution of higher education as a result of a coronavirus-related event.

 

The Federal Student Aid’s FAQ covers many other loan-related questions and will be providing updated information on a regular basis. For more details, please visit StudentAid.gov.

No. Under the CARES Act, your payments will automatically stop from March 13, 2020, through Sept. 30, 2020. No interest will accrue during the forbearance period.

Note that the administrative forbearance benefit applies only to federal education loans. Those with private loans or loans held by the institution they attended should contact their loan servicer to see what forbearance options are available.

Yes

If you have a Direct Loan, were on a qualifying repayment plan prior to the suspension, and work full-time for a qualifying employer during the suspension, then you will receive credit toward PSLF for the period of suspension as though you made on-time monthly payments.

Yes

Yes; any payment you made during the administrative forbearance period (March 13, 2020, through Sept. 30, 2020) can be refunded. Contact your loan servicer to request that your payment be refunded.

Auto-debit payments are suspended during the administrative forbearance. Any auto-debit payments processed between March 13, 2020, and Sept. 30, 2020, can be refunded to you. Contact your loan servicer to request that your payment be refunded.

If you wish to continue paying your loans during the administrative forbearance period, or to pay more or less than your regular payment amount, you are free to do so. Contact your loan servicer or visit your servicer’s website to make a payment or to find out how you can continue or start auto-debit payments.

The automatic forbearance applies only to federal education loans. Those with private loans should contact their loan servicer to see what forbearance options are available.

Dentists who have refinanced or combined their educational debt through Laurel Road, which services the ADA Student Loan Refinancing Program, can contact Laurel Road’s servicing partner (MOHELA) at 1-877-292-6845 and visit Laurel Road’s student loan FAQ page for the most current information and guidance.

• Defaulted and nondefaulted Direct Loans

• Defaulted and nondefaulted Federal Family Education Loans (FFELs)

• Federal Perkins Loans

Please note that some FFEL Program loans are owned by commercial lenders, and some Perkins Loans are owned by the institution you attended. These loans are not eligible for this benefit at this time.

During the period of 0% interest (March 13, 2020, through Sept. 30, 2020), the full amount of your payments will be applied to principal once all the interest that accrued prior to March 13 is paid.

The COVID-19 pandemic is affecting incomes for people in all professions, including dentists, team members and healthcare workers. Dentists who are concerned about meeting their student debt obligation should contact their student loan servicer or their school’s financial aid office as soon as possible.

A representative of your servicer or school can provide information about any options, such as deferment or forbearance, that may allow you to temporarily stop making payments on your loans or that may allow you to move to a different repayment plan with a lower monthly payment. Dentists who have refinanced or combined their educational debt through Laurel Road, which services the ADA Student Loan Refinancing Program, can contact Laurel Road’s servicing partner (MOHELA) at 1.877.292.6845.

Additional information is available from Federal Student Aid, an office of the U.S. Department of Education.

The Federal Reserve cut interest rates to near-zero on March 15, making it less expensive for consumers to borrow money as a way to limit the coronavirus impact on the economy.

If you’re currently paying down student loans, several private lenders may offer the option to refinance them to a lower interest rate if you qualify. Only private lenders offer student loan refinancing, which means any federal loans will become private loans when you refinance. Once your loans are private, you will also not be able to take advantage of federal student loan repayment programs, generous payment postponement options, income-driven repayment plans, and other federal benefits.

The ADA recommends contacting your student loan servicer to discuss the benefits and drawbacks of refinancing your student loans during this period of low interest rates.

The increased world-wide demand for personal protective equipment (PPE) has resulted in apparent regional areas of shortage in the United States. The U.S. Food and Drug Administration (FDA) regulates and monitors the availability of medical devices, including masks, and continues to closely monitor the supply chain whose components are needed to manufacture PPE.

On Feb. 27, 2020, the FDA reported that it had contacted 63 manufacturers, representing 72 facilities in China that produce essential medical devices. “Essential medical devices” are those that could be prone to potential shortage if there was a disruption in the supply chain. Several of these facilities reported being adversely affected by COVID-19 and experiencing workforce challenges due in part to the necessary quarantine of workers.

While the FDA reported that it has heard reports of increased market demand and supply challenges for certain PPE, the agency has said that it is not aware of specific widespread shortages of medical devices, although the CDC and other U.S. partners have seen increased ordering of some medical products through distributors as some healthcare facilities in the U.S. prepare for anticipated needs in the event of a more severe outbreak. The FDA also reported that the agency has taken proactive steps to establish and remain in contact with medical device manufacturers and others in the supply chain.

CDC's guidance for single-use disposable facemasks has not changed. These masks are tested, and regulated by FDA to be single use. CDC's position is that a new facemask should be for each patient. CDC's specific guidance for facemasks is on page 41 of the Guidelines:

1. Wear a surgical mask and eye protection with solid side shields or a face shield to protect mucous membranes of the eyes, nose, and mouth during procedures likely to generate splashing or spattering of blood or other body fluids;
2. Change masks between patients, or during patient treatment if the mask becomes wet.

Practices experiencing difficulty obtaining PPE may have to triage patients as a way to ensure that adequate PPE is available for patients whose appointments are most urgent. If your office is concerned about a potential or imminent shortage of PPE, CDC recommends you alert your state/local health department and local healthcare coalition, as they are best positioned to help facilities troubleshoot through temporary shortages. You can also report the shortage to the FDA at deviceshortages@fda.hhs.gov. CDC recommends that Dental Health Care Personnel (DHCP) concerned about healthcare supply for PPE regularly monitor Healthcare Supply of Personal Protective Equipment for updated guidance. They should also be familiar with the Interim Infection Prevention and Control Recommendations.

ASTM International, formerly known as the American Society for Testing and Materials, is an international standards organization that develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services including masks. ASTM has established performance levels for masks based on fluid resistance, bacterial filtration efficiency, particulate filtration efficiency, breathing resistance and flame spread.

Masks that have been rated Level 1 have the least fluid resistance, bacterial filtration efficiency, particulate filtration efficiency, and breathing resistance. These can be worn for procedures where low amounts of fluid, spray or aerosols are produced, for example, patient evaluations, orthodontic visits, or operatory cleaning.

Level 2 masks provide a moderate barrier for fluid resistance, bacterial and particulate filtration efficiencies and breathing resistance. These can be used for procedures producing moderate to light amounts of fluid, spray or aerosols. Some examples of procedures are sealant placement, simple restorative or composite procedures or endodontics.

Level 3 masks provide the maximum level of fluid resistance recognized by ASTM and are designed for procedures with moderate or heavy amounts of blood, fluid spray or aerosol exposure. Some examples of these procedures are crown or bridge preparations, complex oral surgery, implant placement, or use of ultrasonic scalers.  

The type of personal protective equipment (PPE) that should be worn will depend upon the procedures being performed. Under OSHA, PPE is considered “appropriate” only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used.

If the decision is made to use respirators in your facility, OSHA does maintain requirements for medical evaluation and fit-testing in their toolkit for health care use of respirators.

OSHA’s Bloodborne Pathogens standard (29 CFR 1910.1030) requires that workers be protected from exposures to blood and body fluids that may contain bloodborne infectious agents. OSHA's Personal Protective Equipment standard (29 CFR 1910.132) and Respiratory Protection standard (29 CFR 1910.134) require protection for workers when exposed to contact, droplet and airborne transmissible infectious agents.

CDC has more information on the differences between N-95 respirators and surgical masks.

The CDC recommends using “social distancing” whenever possible as an effective way of decreasing the likelihood of transmitting coronavirus. On March 7, 2020, the agency updated its definition of social distancing to mean “remaining out of congregate settings, avoiding mass gatherings, and maintaining distance (approximately 6 feet or 2 meters) from others when possible.”

With that advice in mind, consider implementing these steps in your practice:

• ask patients to arrive on time for their appointments, rather than too early, since that will minimize the amount of time they spend in your waiting room or reception area
• remove magazines, reading materials, toys and other objects that may be touched by others and which are not easily disinfected
• schedule appointments to minimize possible contact with other patients in the waiting room

While physical barriers may reduce or eliminate exposure to coronavirus, installing glass partitions may not be feasible in all practices.

On March 20, 2020, the American Dental Association (ADA) teamed up with leading infection control experts from the Organization for Safety, Asepsis, and Prevention (OSAP) to provide the dental community with practical guidance and education as we navigate the challenges COVID-19 is presenting to our profession.

The complete webinar is available to watch and earn 1 free CE credit. You will also find short clips from the discussion for quick answers to your questions.

COVID-19 Infection Control Protocols and Procedures Webinar

Unless this patient had previously objected to you communicating with her husband, the answer is no, the patient does not likely have a valid complaint.

Under HIPAA, health care providers are still permitted, in many circumstances, to communicate with the patient’s family, friends, or others involved in their care or payment for care without the patient’s authorization. Even when the patient is not present or able to object, health care providers are generally permitted to determine, using their professional judgment, if communicating with a family member is in the patient’s best interest. When possible, a covered dental practice should get verbal permission from the patient or otherwise be able to reasonably infer that the patient does not object.

The ability to use professional judgment extends to making decisions about communicating with family members when the health and safety of other patients, the dental practice team, and those who come in contact with a patient are at stake. The dental practice may also disclose information about a patient if the dental practice has a good faith belief that the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of the patient or others, as long as the disclosure is to a personal reasonably able to prevent or lessen the threat, per 45 CFR 164.512(j). This includes disclosures to family, friends, caregivers, and law enforcement, or anyone who is in a position to prevent or lesson the serious or imminent threat. HIPAA defers to the professional judgment of the healthcare professional in making such determinations. However, disclosures to the media should generally not be done without the patient’s written authorization.

The HIPAA “minimum necessary rule” requires the dental practice to make reasonable efforts to restrict disclosures to the minimum amount of patient information reasonably necessary for the purpose of the disclosure. Keep in mind that there are certain exceptions to the minimum necessary rule, such as disclosures to a healthcare provider for treatment purposes.

Be aware that, if yours is a covered dental practice, you will need to document the complaint, and any other complaints about your HIPAA policies and procedures, and include details regarding how each complaint was resolved, per 45 CFR 164.530(d).

Consult these resources from the U.S. Department of Health and Human Services for more information:

• A Health Care Provider’s Guide to the HIPAA Privacy Rule: Communicating with a Patient’s Family, Friends, or Others Involved in the Patient’s Care
• From the HHS FAQ for Professionals, 520 - Does HIPAA permit a provider to disclose PHI about a patient if the patient presents a serious danger to self or others?
• HHS’ Minimum Necessary Requirement
• COVID-19 & HIPAA Bulletin: Limited Waiver of HIPAA Sanctions and Penalties During a Nationwide Public Health Emergency, March 2020
  
  

In certain cases, HIPAA permits such sharing without the individual’s authorization. Guidance published by the Office for Civil Rights on March 24, 2020 includes several examples of situations where HIPAA would not require patient authorization, such as:

• Disclosure for treatment, such as to emergency medical transport personnel who will provide treatment while transporting the individual to the hospital.

• Disclosure required by law, such as a disclosure under a state law requiring reporting infectious disease to public health official.

• Disclosure to public health authorities to prevent or control the spread of disease, such as notifying an agency authorized by law to receive protected health information to prevent or control disease (this may include the Centers for Disease Control or a state, tribal, local, or territorial public health department).

• Disclosure to a first responder conducting a public health investigation who may have been exposed to COVID-19, or who may be at risk of contracting or spreading COVID-19, as long as applicable law (e.g., state law) authorizes the dental practice to notify persons as necessary in the conduct of public health intervention or investigation.

• Disclosure to prevent or lessen a serious and imminent threat to the health and safety of a person or the public, such as disclosures to fire department personnel, child welfare workers, mental health crisis services personnel, or others who are charged with protecting the health or safety of the public, as long as the dental practice:
  • Believes in good faith that the disclosure is necessary to prevent or minimize the threat of imminent exposure
  • The disclosure is made to someone the dental practice believes can prevent or lesson the threat
  • The disclosure is consistent with applicable law and standards of ethical conduct

Even when HIPAA permits the disclosure, the dental practice must:

• Make reasonable efforts to limit the information to the “minimum necessary” for the purpose of the disclosure, except for disclosures made for treatment purposes and disclosures required by law, and

• Comply with state law that is more stringent than HIPAA (that is, that places further restrictions on disclosures that would be permitted by HIPAA).

Read the OCR press release

Read the OCR guidance [PDF]

Information regarding how SARS-CoV-2 might be transmitted seems to change daily. Dentists who are treating patients with emergency/urgent care needs may be seeking guidance regarding what to do about informed consent. 

The American Dental Association recommends that dentists consult with their dental professional liability (malpractice) agent and/or carrier for guidance on informed consent and risk management protocols during the COVID-19 pandemic. 

Informed consent, for any procedure at any time, is more than a signature on a form: it’s the culmination of a dialogue between the dentist and the patient. General information on informed consent is available in the ADA’s Guidelines for Practice Success™ (GPS™) module on Managing Patients.

The ADA recommends updating a patient’s medical history at each visit. These screening questions may be asked when confirming appointments or when the patient presents for treatment. Appropriate questions to screen patients for coronavirus could include asking if the patient has traveled internationally in the last 14 days or has been in close contact with another person who has been diagnosed with or under investigation for COVID-19, and whether the patient has a cough, fever or shortness of breath.

Encourage patients who respond “yes” to those questions to contact their primary physician or public health department as soon as possible to determine if they should be seen or tested.

Contact your local health department immediately if you suspect a patient has COVID-19. You can also contact your state health department.

HIPAA’s Privacy Rule allows covered entities to disclose needed protected health information to public health authority responding to a public health emergency.

If a patient with a confirmed case of COVID-19 requires urgent dental treatment, the dentist and the patient’s medical providers should work together to determine the appropriate precautions on a case-by-case basis: this coordinated approach is critical in order to ensure that the risk of potential spread of disease among patients, visitors, and staff is kept as low as possible.

Because dental settings are not typically designed to carry out all of the Transmission-Based Precautions that are recommended for hospital and other ambulatory care settings, dentists and medical providers will need to determine whether the facility is an appropriate setting for the necessary services for a potentially infectious patient. It may be necessary for treatment to be performed in a healthcare setting that offers the additional protections that should be maintained in these cases.

Similar to patients with other flu-like diseases, patients with known COVID-19 have reported mild to severe symptoms which can include fever, cough and shortness of breath. Patients may also report a recent trip to China, or a close contact with someone who traveled to China within the past 14 days.   

CDC’s website includes numerous resources for healthcare workers including:

• Interim CDC Guidance for Healthcare Professionals
• A one-page Flowchart to Identify and Assess 2019 Novel Coronavirus [PDF]
• 2019 Novel Coronavirus (2019-nCoV) Situation Summary
• Resources for Hospitals and Healthcare Professionals Preparing for Patients with Suspected or Confirmed COVID-19
• Healthcare Professional Preparedness Checklist For Transport and Arrival of Patients Potentially Infected with COVID-19
• CDC's Influenza Updates and Recommendations

CDC recommends that all health care workers, including dentists and staff, receive the flu vaccine. 

• Staff experiencing influenza-like-illness (ILI) (fever with either cough or sore throat, muscle aches) should not report to work.
• Staff who experience ILI and wish to seek medical care should contact their health care providers to report illness (by telephone or other remote means) before seeking care at a clinic, physician’s office, or hospital.
• Staff who have difficulty breathing or shortness of breath, or are believed to be severely ill, should seek immediate medical attention.

Coronaviruses are enveloped viruses, meaning they are one of the easiest types of viruses to kill with the appropriate disinfectant product. Routine cleaning and disinfection procedures (e.g., using cleaners and water to pre-clean surfaces prior to applying an EPA-registered, hospital-grade disinfectant to frequently touched surfaces or objects for appropriate contact times as indicated on the product’s label) are appropriate for coronavirus in healthcare settings, including those patient-care areas in which aerosol-generating procedures are performed. Products with EPA-approved emerging viral pathogens claims are recommended for use against coronaviruses. These products can be identified by the following claim:

“[Product name] has demonstrated effectiveness against viruses similar to SARS-CoV-2 on hard non-porous surfaces. Therefore, this product can be used against coronaviruses when used in accordance with the directions for use against [name of supporting virus] on hard, non-porous surfaces.”

The EPA has developed a list of registered surface disinfectant products for use against coronavirus, the coronavirus that causes COVID-19.  

Some common sense recommendations include:

• Screen patients for international travel, signs or symptoms of infection when you update their medical histories.
• Include temperature readings as part of your routine assessment of the patient prior to performing dental procedures.
• Make sure the personal protective equipment you are using is appropriate for the procedures performed.
• Use a rubber dam whenever possible to decrease possible exposure to infectious agents.
• Use high speed evacuation for all dental procedures producing an aerosol.
• Autoclave your handpieces after each patient.
• Have your patient rinse with 1.5% hydrogen peroxide or commercially available rinses that contain 1.5% hydrogen peroxide just prior to beginning treatment.
• Clean and disinfect public areas frequently, including door handles, chairs, and bathrooms.