We Need You

A few years back it was decided that the UDA board members would make a regular contribution to the UDA Action, with the President writing in each issue. Writing these articles has been a challenge for me I do not enjoy writing, in fact as an undergrad I dropped a few classes because they required too much writing. So with any luck this will be my last article because my term as a UDA officer has come to an end.

I have thoroughly enjoyed my tenure as a UDA officer. It has required many hours of study, travel, time away from the office and in some instances becoming involved in issues that I had no particular interest. In all of that however the lessons learned and the friendships gained have been far beyond my expectations. I appreciate all who sacrifice and serve in an effort to build our profession and maintain a quality professional organization.

I recall my first exposure to the ADA. As most of the preinternet dentists will recall the ADA had publications which could be found at the library. These publications were vital in the predental student phase. They were used to help understand the pre-requisites required by each school, they also help in determining which schools to apply to. I remember seeing the address to the ADA, 211 East Chicago Ave Chicago, IL.

Fast forward 30+ years and I am standing in Chicago looking up at 211 East Chicago Ave, it was a nostalgic moment. This entity that I have looked to for information all of these years through publications and the internet and now I am in person interacting with employees, state and national leaders. These individuals are interested in me, my state association and the patients of my practice. Through these and many other experiences I have come to realize the ADA is not about the 211 East Chicago Ave. it is not a small group of individuals calling all of the shots. It is about the work that goes on within the organization and the members it serves.

As dental professionals we need the ADA, we need it from the predental moments on through retirement. The ADA needs us as members, it is unable to function without the support and input of state associations and the volunteers up and down the chain of command. It needs the revenue generated from dues obtained from us as members. As state leaders one of our major concerns is membership. We are aware that membership dues are significant, we pay them too, but the more you become involved in the ADA the more value you see in what happens across the nation.

I understand how tunnel vision concerning the work of the ADA can occur. It is very easy to become wrapped up in our practices and the pressures of running a business pressing down on us. The out flow of cash is increasing and the in flow is becoming harder to obtain. I have no doubt that without the ADA the logistics of running a dental practice would be much more difficult and complex. We would be spending far more than the cost of our dues to tackle the issues on our own. The fact of the matter is we would be trying to join forces with each other, forming an association, to battle these issues because we all realize there is strength in numbers. Thankfully we do not need to form an association that happened in 1859 and that association has been driving dentistry forward for 160 years. The work of the ADA is not perfect, the work of the UDA is not perfect, the profession is not perfect-we still have a lot of work to do. We need to be united and work together to continue the advancement of our profession. This work will happen more efficiently and effectively as we join forces and work together.

What are the benefits of belonging to the ADA? Our last publication of the Action was completely devoted to sharing member benefits. If you are not convinced the ADA has value to you as a dental professional, I challenge you to spend a few minutes on the ADA website and discover for yourself the benefits available. The larger question is how can I help advance my profession to benefit me and future dental professionals? Answer, get involved in your local dental society, attend their functions and activities. Look for ways to help on the state level. Share your concerns and ideas with local and state leaders. Keep your membership current by renewing your membership in a timely manner and encourage other to do the same. Donate to UDPAC to assist the association in advocacy efforts. I guess the other way you could advance the profession is to form your own association, good luck with that. Bottom line is we need you, thanks for being a member of the UDA/ADA.

Dr Michael Smuin UDA Past President

Join Us At the 2022 UDA Convention March 31 – April 1, 2022 Salt Palace Convention Center Register at www.uda.org

WHAT ARE THE ANTITRUST LAWS AND WHAT DO THEY MEAN TO ME AS A DENTIST?

The antitrust laws are a series of laws that protect the public by promoting competition, including assuring that business entities complete independently. Congress passed the Sherman Act, the first antitrust law, in 1890. The Sherman Act addresses the practices of companies possessing substantial market power, sometimes amounting to monopolies that restrict competition and drive smaller competitors out of the marketplace. The Sherman Act, which prevents the improper acquisition or use of monopoly power, also prohibits join action (“contracts, combinations or conspiracies”) by competitors in restraint of trade. It is this latter prohibition which has the greatest application to health care providers and professional organizations.

Other antitrust laws were enacted later to address particular anticompetitive practices. In 1914, Congress passed the Federal Trade Commission Act, which bans unfair methods of competition and unfair or deceptive acts or practice, and the Clayton Act, which prohibits such mergers and acquisitions that substantially lessen competition or tend to create a monopoly. The Clayton Act was amended in 1936 by the Robinson-Patman Act to ban discriminatory pricing and again in 1976 by the HartScott-Rodino Antitrust Improvements Act to require advance government notice from companies that are planning large mergers and acquisitions.

The states also have antitrust laws which are based on these federal laws. For dentists, the main concern is that the antitrust laws prohibit certain joint actions by competitors that unreasonably restrain trade or harm competition, such as:

• Price fixing, including express or tacit agreement relating to prices and fees • Agreements to allocate markets or customers • Agreements not to compete, except for certain legitimate purposes • Boycotts, or joint refusals to deal, directed against third parties, or agreements to exclude competitors or potential competitors from the marketplace • Joint efforts to influence rates or charges, as in the case of insurers

The antitrust laws are enforced by the U.S. Department of Justice, the Federal Trade Commission (FTC) and the state attorneys general. Private parties, including competing dentists and insures, who are injured in their business or property, can also bring legal actions to seek recourse for their injuries.

Violations of the antitrust laws can result in severe sanction and penalties, including treble damages for the harmed caused (three times the actual damages,) injunctive relief and consent judgment/ decrees, penalties of up to #1 million per violation for individuals and up to $100 million for corporations, and imprisonment for up to 10 years. None of the final costs are likely to be covered by an individual’s malpractice or business insurance.

YOU BELIEVE IN PROVIDING SERVICE AND EXPERTISE. SO DO WE.

Your patients rely on your expertise to evaluate and make recommendations for good oral health. Your local independent insurance agent can do the same for you when it comes to suggesting the right combination of coverage to protect the practice you’ve worked hard to build.

Find an independent agent representing The Cincinnati Insurance Company by visiting cinfin.com or by calling Mike Terrell, 800-769-0548.

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