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News Bulletin : ADA News Bulletin December 2011
27 DECEMBER 2011 CPD Tour and Cruise Dental Cruise in the Mediterranean 16–23 September 2012 The cruise includes up to 16 hours of CPD lectures. Cruise in 5-star luxur y on the Holland America Nieuw Amsterdam. Visit Barcelona, Tunis, Sicily, Rome, Portofino and Monte Carlo. Costs from $2683 for an inside (non delegate $1692) to $3488 for a Verandah Stateroom (non delegate$2576). www.dentalcruise.co.uk Dental Study Tour to Vietnam and Cambodia 9–24 November 2012 Travel through Vietnam and Cambodia on a tour that combines professional and cultural visits and CPD lectures. Enjoy wonderful cuisine, stay in beautiful accommodation and enjoy a one night cruise on a luxury junk on an exclusive basis. www.jonbainestours.com.au/vietdental Jon Baines Tours guarantees compliance with Section 4 of the DBA Guidelines on CPD For further information and full brochures on the tours please contact: JON BAINES TOURS PO Box 68, South Brunswick, Victoria 3055 Tel: 03 9343 6367 info@jonbainestours .com.au www.jonbainestours.com.au applIcatIon As the definitions of “requester” and “provider” are so broad, you should investigate whether or not you fall into one of these categories. prohIbIted practIces regardIng the Use of cbct technology Under the Act the following practices are prohibited: • A diagnostic imaging practice must not offer or provide any benefit (other than a permitted benefit) in order to induce a dentist to request a diagnostic imaging service; • A dentist must not ask for or accept any benefit (other than a permitted benefit) in order to induce that dentist to request a diagnostic imaging service; • There are certain “permitted benefits” (discussed below); • However, even if the benefit is a “permitted benefit” under section 23DZZIF (7) of the Act: • The benefit must not relate to the number, kind or value of requests for diagnostic imaging services made by the requester; and • The benefit must not consist of the provision of staff or equipment at premises of the requester (dentist) for the purpose of providing diagnostic imaging services, whether the staff or equipment are stationed at the premises full-time or part-time, or visit or are brought to the premise from time to time. Therefore, equipment (including CBCT equipment) of a diagnostic imaging provider and staff of the diagnostic imaging service provider must not be placed into the premises of a referring dental practice. There is a high risk that an equipment lease from a diagnostic imaging provider to a dental practice in relation to which both parties share Medicare payments will infringe the Act. permItted practIces regardIng the Use of cone beam eqUIpment The following are permitted practices (however, subject to the overriding exclusions set out in section 23DZZIF (7) above): • A diagnostic imaging services provider may operate a separate business in the same building as the dentistry practice. • A diagnostic imaging service provider may lease premises from the dentistry practice at market rental, and operate its separate business from those premises. • All referrals by the dentist to the diagnostic imaging practice must be based upon clinical need. Referrals by the dentist to the diagnostic imaging service provider must continue to be in dentist’s entire discretion. • There must not be any inducement for referrals or payment or benefit connected with the referral. • The diagnostic imaging service provider must operate the CBCT technology with its staff in its own premises. • It is possible for the diagnostic imaging service provider and the dentist to share staff, goods and services (however, not the CBCT technology because the dentist will not have the regulatory/LSPN approvals to operate same) if: • The payment is proportionate to the diagnostic imaging service provider’s share of the cost of the property, goods or services; and • The payment is not related to the number, kind or value of requests for pathology or diagnostic imaging services made by the relevant requester. Shared service arrangements must be considered with great caution because the the equipment and staff of the diagnostic imaging service provider cannot be placed into the premises of the dentist to provide diagnostic imaging services. Alternatively, a diagnostic imaging provider and a dentist may enter into an incorporated joint venture, provided that: • all distributions from the incorporated joint venture to shareholders will be paid in the proportion to the shareholders ownership of shares in the company; and • the benefit is not related to the number, kind or value of requests for diagnostic imaging services made by the dental practice. Extreme caution must be exercised (and where uncertain to obtain specialist legal advice) in relation to these business arrangements. marKet valUe Whilst valuations to establish market value are not required, they are highly recommended. As well as being within 20% market value (pursuant to regulation 20CB of the Health Insurance Regulations 1975 (Commonwealth)), the benefit must not be related to the number, kind or value of requests made by the relevant requester. Alison Choy Flannigan Partner, Health, Aged Care and Life Sciences Holman Webb, Lawyers 1. Scarfe WC, Farman AG, Sukovic P. Clinical applications of cone-beam computed tomography in dental practice. JCDA 2006:72.
ADA News Bulletin November 2011
ADA News Bulletin February 2012