The Association of Dental Support Organizations (ADSO) has sued the Colorado Dental Board, claiming a rule change that affects DSO ownership threatens patient access, specifically for Medicaid patients, according to a press release dated July 30 from ADSO.
ADSO is challenging changes made to Colorado’s Dental Practice Act Sunset bill (SB25-194), which went into effect June 30, claiming the updated rule imposes new restrictions on dentist-DSO relationships and creates compliance challenges and uncertainties for dentists, provider networks, and DSOs. The organization is asking the Colorado Court of Appeals to set aside the new rule changes, according to the press release.
“The Dental Board clearly overstepped its authority in this rulemaking, risking patient access to dental care in Colorado, particularly for the communities across the state that need more access and greater affordability,” ADSO CEO Andrew Smith said in the press release. “DSO support of dental offices helps increase access to quality, affordable care; gives dentists greater access to the latest dental technology and the ability to offer better patient experience and outcomes.”
Rule 1.7 changes prohibit DSOs from leasing office space and equipment to supported practices, subject dentists and hygienists to potential board discipline if they practice in certain DSO-supported settings, and require disclosure of financial and business records.
ADSO contends that the rule changes are especially problematic as the dental Medicaid program continues to be underfunded in Colorado and across the U.S. DSO-supported practices often are located in counties with lower-income households, according to the release.
“DSOs support efforts to improve access to quality care for larger populations. But this new rule is a solution in search of a problem that doesn’t exist,” Smith said. “The rule exceeds the Dental Board’s authority and injects the Board into commercial transactions while threatening access to care and unnecessarily increasing healthcare costs.”
