Please view the NJDA advisory on Labor Issues Regarding Dental Office Staff found here.

Depending upon the facts, if a dentist agreed to cover emergencies, refusal to perform could provide a basis for breach of contract and might raise ethical issues. 

Although the ADA and the NJDA recommended that dentists refrain from performing non-essential or non-urgent services, except for Jersey City and Westfield, no prohibitions regarding the performance of those types of services were imposed by persons with appropriate governmental authority. Upon providing in Executive Order No. 107, issued on March 21, 2020 by Governor Philip D. Murphy, that nothing in the order should be construed to limit, prohibit, or restrict the provision of health care to members of the public, the restrictions imposed by the mayors of Jersey City and Westfield were effectively eliminated.  However, during the evening on March 21, 2020, the New Jersey State Board of Dentistry “strongly urged” practitioners to cancel or postpone any elective procedure or routine service and provide only emergency care.  Since that guidance was not included in a duly adopted regulation and does not have the force of law, it does reflect the pronouncements of the CDC on infection control practices.  Those recommendations are required to be followed by licensees in accordance with current State Board regulations.  Under the circumstances, a risk is taken both by the Associate dentist and especially by the practice owner for performing services that contravene CDC recommendations on the subject of infection control.   

According to the ADA, PPE used under Standard Precautions was “established to reduce the risk of transmission of blood-borne pathogens and is not 100% effective against aerosol transmission, which is how Covid-19 is transmitted.”   While the PPE is not 100% effective, it is not clear at this time the percentage to which it is effective.  In its Advisory, the New Jersey State Board of Dentistry recommended as follows: “Dentists should follow CDC guidelines for infection control, using personal protective equipment, as appropriate. Treatment should be referred to another dental professional, if appropriate PPE is unavailable.”  That guidance, balanced with the duty of a healthcare professional, should be considered in making a decision.

Earned sick leave can only be used if the government (local, state or federal) closes an employee’s office or their child’s school or daycare. If an office closes voluntarily, earned sick leave does not apply. One hour of earned sick leave is given per 30 hours worked since January 1, 2020. To calculate your hourly rate take the last 7 days of collections & divide by the number of hours worked to get your hourly rate. This may affect your ability to file for unemployment. 

No, as long as your claim with the state of NJ was accepted you will also receive additional funds from the federal government.  

The total sums for production or collection, as the case may be, for the 7 most recent workdays when no leave was taken should be divided by the number of hours the employee spent performing work to calculate the hourly rate to be applied for paid sick leave.

Although the ADA has provided guidance on this question, the New Jersey State Board of Dentistry informed licensees that it relies “on the training and experience of the licensed dentists in this state to determine essential versus non-essential procedures.”  That is because the determination is fact sensitive:  A dental procedure that might be considered an emergency for one patient might not be considered an emergency for another patient.

The CARES Act, which is the new $2 trillion stimulus bill, expands upon previous announcements from the federal government regarding student loan repayment.  Note that if your student loans are not from the federal government or you are unsure, you should contact your lender to determine your eligibility.

Here are five pieces of the CARES Act that impact federal student loans:

 

1. Stop paying your federal student loans

The CARES Act allows you to stop paying your federal student loans from now through September 30, 2020. You don’t have to stop paying your federal student loans, however, but you have the option. Your student loan balance will not change between now and September 30, meaning the federal government is not paying your student loans for you.

 

2. No interest on federal student loans

The CARES Act waives student loan interest on your federal student loans through September 30, 2020. The president previously announced through executive action that he is waiving interest on federal student loans. If you decide not to pay your federal student loans during this period, your federal student loan interest rate will be set to 0% and you won’t be penalized with any interest accrual.

 

3. Skipping payments counts for Public Service Loan Forgiveness

The Public Service Loan Forgiveness program requires 120 monthly student loan payments, although the payments do not have to be consecutive. If you are pursuing public service loan forgiveness, and decide to skip payments through September 30, 2020, the skipped payments will count toward toward the required 120 monthly payments.

 

4. Tax-Free employer contributions for student loans

If your employer pays student loans as an employee benefit, there’s more good news in the CARES Act. Now, your employer can pay up to $5,250 of your student loans tax-free to your employer this year.

 

5. Suspension of Student Loan Debt Collection

The CARES Act also stops involuntary collection of student loan debt during this period, including garnishment of wages, tax refunds and Social Security benefits.

If you find yourself unable to pay all of your bills, you may have options to help ease the financial strain.

Car Payments: Automobile website, edmunds.com, has put together (and will update regularly) a list of automakers and lenders that are offering borrowers avenues of relief).

Student Loans:  Most student loan servicers offer options for borrowers facing financial issues including income-driven repayment plan and a temporary pause in your monthly payment obligation.  Contact your loan servicer for more information.  US News and World Report published this detailed article on the topic:

More: The state of New Jersey has a website that provides information about what NJ assistance programs are available. Residents can visit NJ.gov/dca/dcaid to take a survey and find out the programs for which they qualify based upon their income. The programs range from rental assistance and eviction prevention to home energy aid and more. The survey takes about one to three minutes to complete. Participation is anonymous and confidential.

Financial institutions are working with businesses and other customers in a variety of ways; check with your banker or account representative for specific options related to your situation. Assistance may include waiving or refunding fees, accessing online or remote resources, deferring payments and more. One example is Bank of America, which has employed its “Client Assistance Program,” an initiative typically u​sed in situations like natural disasters or governmental shutdowns.