Dental insurance is primarily regulated at the state level; however, self-insured dental plans are regulated by the Employee Retirement Income Security Act (ERISA). As such, they are exempt from state insurance laws. ERISA plans are able to avoid compliance with state assignment of benefits laws, balance billing laws and noncovered services laws (whereby insurers can dictate how much a doctor may charge a plan enrollee even though the services provided to the enrollee are not covered by the plan). AAOMS supports the passage of federal legislation to help bring equity to the insurer-provider contracting relationship on these issues at the federal level.
ODC letter to House sponsors of the DOC Access Act (HR 1385)