The office manager in a dental practice must have a day-to-day working knowledge of various laws affecting both small employers and dental practices specifically. The “office manager” may have other various titles like the “business manager” or “administrative assistant,” but he or she must be capable and trustworthy in any case.

There are some laws that mandate that a title actually exist for compliance under federal or state laws. A “privacy officer” must be designated by the dental practice under HIPAA to create and implement policies and procedures for compliance with that statute and to provide training for new and present employees. Specified risk management analysis responsibilities of HIPAA are left to the privacy officer to comply with. This analysis must be documented and kept on record. Security of information under the Massachusetts data privacy regulations should be left up to one individual, such as an office manager.

OSHA is one of the most critical statutes that must be complied with by dental offices, and the responsibilities of following the detailed regulations specifically involving dental practices are significant enough that OSHA requires the designation of one or more persons by name to follow individual parts of the statute. That includes the responsibility of obtaining and maintaining the Material Safety Data Sheets for the many hazardous materials dental offices have to handle daily. Additionally, specific persons must be designated to be responsible for the proper labeling of hazardous materials kept in the office as well as shipped to other locations, and fulfilling the detailed training requirements of the legislation. Although each practice requires a licensed dentist to ensure infection control and other Massachusetts Dental requirements are met, the office manager’s role in maintaining compliance is essential.

Compliance with discrimination laws under the Americans with Disabilities Act or Massachusetts General Laws requires that someone, such as the office manager, be specifically knowledgeable about the applicability of these statutes to dental offices. The ADA requires non-discrimination against many “protected classes” in all employment decisions for offices with 15 employees or more, and very similar requirements exist under the Massachusetts General Laws for offices with 6 employees or more. Hiring, firing, and nearly all crucial decisions involving employees fit within these statutes. Access requirements for individuals with disabilities exist under the ADA and Massachusetts law in designing and maintaining the layout of the dental office.

Massachusetts workers’ compensation law can be complex when applied to small employers such as dental practices. The office manager should ensure compliance with both the insurance requirements and the obligations of a practice if an employee is injured on the job. Sometimes employees try to claim workers’ compensation benefits for injuries that may not be job-related, and it should be the office manager’s responsibility to track whether injuries are indeed job-related.

Meeting unemployment compensation requirements is a regularly occurring responsibility that should be accomplished accurately and knowledgeably to avoid additional unemployment insurance costs. Discharged employees think they are entitled to unemployment compensation no matter how the separation from employment happens, but if there is willful misconduct or a violation of rules, the employer may be able to challenge unemployment awards. Meeting payroll deduction and other wage laws is, of course, a significant function of the office manager, along with ensuring compliance with various federal posting requirements under both wage and other acts.

An employee manual can lay out all the responsibilities and rights of the dental practice and employees in an organized fashion. Proper wording in that manual can avoid liability claimed by employees for various actions and clearly outline the office manager’s legal responsibilities in writing, making them easier to follow effectively.

Brian Hatch
Hatch Legal Group
8 North Main Street, Suite 403
Attleboro, MA 02703
HatchLegalGroup.com
brianhatch@hatchlawoffices.com
508-222-6400