Under N.J.S.A. 56:8-156.2, a dental practice may charge a credit-card surcharge, but the amount cannot exceed the actual cost the practice pays to process that credit-card transaction. This means there is no set percentage—each practice may only pass along its true processing cost based on its merchant services agreement.  Key requirements from the statute: • A practice is not required to charge a credit-card surcharge. It is completely optional. • If a surcharge is applied, it must be disclosed clearly to the patient before payment, including posted notice at the point of sale. • The surcharge must appear as a separate line item on the receipt. • Charging more than your actual processing cost would violate N.J.S.A. 56:8-156.2, which is enforceable under the New Jersey Consumer Fraud Act.  Alternative options if the practice prefers not to apply a surcharge include: • Offering a cash, check, or ACH discount • Using third-party financing options (e.g., CareCredit) • Allowing in-house payment plans • Absorbing processing fees as part of operational costs 

If repeated efforts to contact the patient are unsuccessful, N.J.A.C. 17:18 requires that unclaimed funds be reported and remitted to the New Jersey Unclaimed Property Administration after a dormancy period of three years with no patient contact. At that point, the credit is presumed abandoned, and the practice must deliver the funds to the State, which will hold them for the rightful owner.  Practices should: • Maintain documentation of all outreach attempts, including phone calls, letters, emails, and certified correspondence to the patient’s last known address. • Once all reasonable efforts to contact the patient have been exhausted and the three-year dormancy period has passed, include the credit balance in the practice’s annual unclaimed property report to the State.  Additional reporting instructions, dormancy timelines, and filing forms are available on the New Jersey Unclaimed Property Administration website: https://www.unclaimedproperty.nj.gov 

Under New Jersey law, the clinical side of a dental practice can only be owned and controlled by licensed dentists.  Key regulatory requirements: • Professional Service Corporation/LLC Rules – New Jersey’s Professional Corporation Act (N.J.S.A. 14A:17-1 et seq.) requires that owners of a professional corporation or professional limited liability company be licensed to render the same professional service. For dentistry, that means only state-licensed dentists may have an ownership interest in the entity that provides dental care. • N.J.S.A. 45:6-12 – No corporation may practice dentistry, and no person may practice as an employee of a corporation. A dentist must practice under their own name, or, in a partnership, under a name made up only of the dentists’ surnames.  Practical implications: • Non-dentist family members (such as a spouse) cannot be listed as an owner of the professional LLC that provides patient care. • A separate management company (LLC) may be created for the non-clinical side of the office. Non-dentists may own that company, which can contract with the professional dental entity for business services. • All clinical decisions must remain under the dentist’s exclusive control and cannot be directed or supervised by a non-dentist. • Non-dentist family members can work in the practice in non-clinical roles (administration, office management) but cannot be legal owners of the entity that delivers dental treatment.  Penalties for violations can include fines of $300 for a first offense, $600 for repeat offenses, and $100 for failing to display the dentist’s name at the office entrance. 

While the Employee Is Pregnant: • Acknowledge pregnancy and start interactive process: Begin a documented discussion about accommodations. Request medical documentation only if necessary. (NJ Pregnant Workers Fairness Guidance) • Provide reasonable accommodations: Examples include more frequent breaks, sitting instead of standing, light duty, modified schedule, or avoiding heavy lifting. Employers cannot force leave if the assistant can perform essential duties. • Radiation safety (if applicable): Following NJAC 7:28-16 and ADA guidance—provide lead shielding, a dosimeter, and consider temporary reassignment from radiography duties if requested. • Hazard exposure: Minimize exposure to nitrous oxide, disinfectants, mercury, or other chemicals as needed. • Confidentiality: Share medical information only with staff necessary for accommodations. (45 CFR Part 164)  During Maternity Leave: • NJ Temporary Disability Insurance (TDI): Covers pregnancy recovery and childbirth. • NJ Family Leave Insurance (FLI): Paid leave for bonding with a newborn or newly adopted child. • NJ Family Leave Act (NJFLA): Job-protected, unpaid leave for bonding or family care. • FMLA (if practice has ≥50 employees): Job-protected leave that may overlap with TDI/FLI. • Provide required notices and forms for TDI/FLI applications. • Ensure the employee is returned to the same or equivalent position upon return.  Upon Return to Work: • Confirm return date and accommodations. Ask if the employee needs support for recovery or breastfeeding. • Provide lactation breaks and private space (not a bathroom) for up to one year after childbirth. • Reinstate duties and re-review ALARA protocols if radiography duties resume. • Document all discussions, accommodations, and lactation-room access. 

Under the HIPAA Privacy Rule (45 CFR §164.520), dental practices must provide patients with a Notice of Privacy Practices (NPP) explaining patient rights and permitted uses of protected health information (PHI).  Key requirements: • The NPP must be posted in a clear and prominent location in the office where patients can reasonably be expected to read it. • A copy must be provided to patients upon request. • Practices that maintain a website are required under HIPAA to prominently post their current Notice of Privacy Practices online, in addition to making it available in the office.  Resources for creating or updating your NPP: • The ADA provides a sample Notice of Privacy Practices that dental practices may use as a reference when updating their own notices. The ADA’s sample NPP reflects the requirements of the HIPAA Privacy Rule and is available in both English and Spanish. • The U.S. Department of Health and Human Services (HHS) has published model Notices of Privacy Practices for healthcare providers that may also be used or adapted.  Practices should customize any sample NPP to reflect their specific operations and contact information, and review the notice periodically to ensure it remains current with any regulatory changes.