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CONT’D ON PG. 6 PDAIS is a wholly owned subsidiary of the Pennsylvania Dental Association (PDA) and provides a variety of business and personal insurance programs to Pennsylvania dentists, their families and staff. Phone: (877) 732-4748 Email: memberbenefi[email protected] www.pdais.com pg. 4 sights CEO Corner Gilbert R. Davis, PDAIS President & CEO SUMMER 2014 | Volume 2, Issue 2 pg. 2 pg. 8 With summer in full swing, there are a couple insurance- related items to keep in mind. First - now’s the time to think about travel insurance for any upcoming vacations you have planned. Travel insurance not only provides peace of mind, but is especially important when traveling overseas, where your traditional medical plan may not offer adequate coverage. If you are interested in obtaining insurance, give our office a call or visit www.pdais.com/travel. Second, this summer is the ideal time to start to prepare for the health insurance changes taking place in 2015. Now, during the “calm before the storm,” review your benefits package and contact us with any questions. As always, we would love to hear from you about your experience with PDAIS - please don’t hesitate to contact me directly at [email protected]. ank you for reading, and have a happy and healthy summer! By: TDIC Risk Management Staff Copyright Infringement and Website Images W hile surfing the web looking for photos to jazz up your website, you see a photograph of a dazzling smile in an online image library. So you download the photo and post it on your website. You may even credit the source of the photo. Or maybe the photo was “royalty free.” You’re covered, right? Unfortunately, it’s not that simple. Photos published on the Internet are not public domain. e Copyright Revision Act protects photographs and other works such as videos, graphics, music, text and trademarks, and the Digital Millennium Copyright Act extends protection to the Internet. When it comes to dental practice websites, the most common copyright violation is use of a photograph without obtaining a license, according to Eric Gale, a California attorney specializing in copyright infringement cases. Gale noted a spike in copyright cases about five years Creating Happiness as a Practice Protocol What is Long-Term Care and Who Needs It? WWW.PDAIS.COM Your Insurance Resource 24/7 PDA Endorsed Vendor Program pg. 9

Transcript of uMMER Voe 2 sse 2 Copyright Infringement and Website Images...

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Cont’d on pg. 6

PDAIS is a wholly owned subsidiary of the Pennsylvania Dental Association (PDA) and provides a variety of business and personal insurance programs to Pennsylvania dentists, their families and staff.

Phone: (877) 732-4748Email: [email protected] www.pdais.com

pg. 4

sights

CEO Corner gilbert R. davis, pdAIS president & CEo

Summer 2014 | Volume 2, Issue 2

pg. 2

pg. 8

With summer in full swing, there are a couple insurance-related items to keep in mind. First - now’s the time to think about travel insurance for any upcoming vacations you have planned. Travel insurance not only provides peace of mind, but is especially important when traveling overseas, where your traditional medical plan may not offer adequate coverage. If you are interested in obtaining insurance, give our office a call or visit www.pdais.com/travel.

Second, this summer is the ideal time to start to prepare for the health insurance changes taking place in 2015. Now, during the “calm before the storm,” review your benefits package and contact us with any questions.

As always, we would love to hear from you about your experience with PDAIS - please don’t hesitate to contact me directly at [email protected]. Thank you for reading, and have a happy and healthy summer!

By: tdIC Risk Management Staff

Copyright Infringement and Website Images

While surfing the web looking for photos to jazz up your website, you see a photograph

of a dazzling smile in an online image library. So you download the photo and post it on your website. You may even credit the source of the photo. Or maybe the photo was “royalty free.” You’re covered, right?

Unfortunately, it’s not that simple. Photos published on the Internet are not public domain. The Copyright Revision Act protects photographs and other works

such as videos, graphics, music, text and trademarks, and the Digital Millennium Copyright Act extends protection to the Internet.

When it comes to dental practice websites, the most common copyright violation is use of a photograph without obtaining a license, according to Eric Gale, a California attorney specializing in copyright infringement cases. Gale noted a spike in copyright cases about five years

Creating Happiness as a Practice Protocol

What is Long-Term Care and Who Needs It?

www.pdais.com

Your Insurance Resource 24/7

PDA Endorsed Vendor Program pg. 9

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Regardless of how well we are managing the marathon of life, many of us are going to require some help as we approach the finish line.

Dr. Waldman, how would you explain the term long-term care, or LTC?WALDMAN: The common misconception is the association of long-term care solely within a nursing home. Long-term care is actually the inability to perform basic activities of daily living (ADL) such as bathing, toileting, dressing, eating and getting from point A to point B. The need for LTC can be caused by a chronic illness or injury or from cognitive issues including Alzheimer’s disease. The care can be received at home, at an assisted living facility or in a nursing home. The point is that a person typically wants to stay at home as long as possible, and a person who has

an LTC policy is able to do so. It allows that person’s loved ones to not physically provide the care, but to direct and supervise the care. It provides a stream of income to allow a person’s savings to grow and sustain a family’s lifestyle.

Who needs LTC?WALDMAN: It’s for people who want to be able to choose where they receive their care as well as protect their assets.

Isn’t it true that the first thing concerning most families is how can they afford LTC?WALDMAN: First, let’s discuss how payment for an individual’s care occurs. Medicare, in essence, is health insurance, and its purpose is to get you better by providing skilled or rehabilitative treatment. Medicare will pay for a nursing home if you have been in a hospital for three nights and are admitted to the nursing home for the specific condition for which you were treated. Medicare will pay for the first 20 days, but from day 21 through 100, you have a co-pay of more than $130 per day. Since 1998, the average stay in a nursing home has been greatly reduced and is now approximately 14 to 21 days. It is very important that people understand that Medicare does not cover custodial care, that is, help with performing the ADLs that I mentioned earlier.

Article reprinted with permission from North Hills Monthly Magazine. Written by Jack Etzel

We are excited to announce our new PDAIS team member, Dr. Joel Waldman, CLTC, a benefits and long-term care consultant. He will concentrate on serving dentists in the western area of Pennsylvania. Dr. Waldman began his insurance career after working as a general dentist for three decades. He is certified in long-term care and has insurance licenses in Pennsylvania, Ohio and New York. Because of his dentistry background, he brings a unique perspective to the insurance world, and will be an excellent resource for Pennsylvania dentists. Dr. Waldman can answer your questions and explain available coverage options. PDA members are eligible for an association discount through select companies.

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What is Long-Term Care and Who Needs It?

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What about Medicaid?WALDMAN: There are stipulations by which Medicaid will pay for nursing home and custodial care. First, there is a “look back period” of five years, that is, the amount of monies that have been given to others. That serves to determine the time period of ineligibility from Medicaid coverage. Second, Medicaid creates a profile to determine an individual’s or a couple’s assets. A severe “spend down” is required. Simply put, a person must pay in a short period of time what may have taken a lifetime to save. Ultimately what pays for your care is your own money, whether Social Security, a pension, a 401K, or long-term care coverage. A long-term care policy can be much more reasonable than you think, especially when you purchase it when you are younger.

That’s easy to say, but who does that?WALDMAN: Look, I’m living proof as to the need for having adequate coverage. When I was practicing dentistry and with children in college, I didn’t heed the advice of my wife and told myself that I didn’t have the extra money to increase my life and disability policies. I was in good shape, eating healthy and exercised. What could happen to me? When I got sick, (Dr. Waldman has been diagnosed with tremors and neuropathy) I was woefully short in my coverage and no longer had the option of increasing my insurance policies due to having a pre-existing condition. In long-term care, it’s necessary to get it while you’re healthy as carriers are becoming more selective. If you wait, you’re likely jeopardizing your nest egg and forcing loved ones to make difficult money decisions.

How does a family convince a loved one to take that step into long-term care?WALDMAN: Many of us are in denial about becoming frail as we age, yet almost 70 percent of people will need long-term care after age 65. It’s

important that people have an honest discussion with someone regarding such matters as power of attorney and a living will. Emergencies occur without warning. We are living longer and the ability to diagnose illnesses at an earlier stage is a mixed blessing. Even families that take in their relatives at some point may not be able to physically, financially or emotionally continue to do so. A chronic condition can be a burden that strains family relationships. Preplanning is the key.

You’ve spent time speaking in Pittsburgh and in the North Hills. What’s the main point of your lectures?WALDMAN: My presentations are titled “Prepare for the Unexpected.” Long-term care coverage can relieve much of the burden that can be experienced by family members. By the way, long-term care is frequently a woman’s issue; it’s often the wife who takes care of her spouse or the daughter who cares for a parent. In life, we want a long, fruitful existence, free of sickness; however, for the majority of us, this is not the case. Planning and timing is the key to being ready for whatever might come your way to ensure peace of mind. n

Cont’d fRoM pg. 2 What is Long-term Care and Who needs It?

of people receiving long-term care are under age 65.43%

70%of people turning age 65 can expect to use some form of long-term care during their lives.

stats

For more information, visit www.pdais.com/longtermcare.

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Creating Happiness as a Practice ProtocolBy: Olivia Strain, Certified Professional Behavioral & Values Analyst

There is a lot of science that demonstrates the positive effects being happy has on people, including better health and a longer life.

According to Webster, happy can be defined as “being pleased or glad about a particular experience or event.” So, how does being happy apply to the dental practice? Is creating happiness important and can it become a system within the practice that is implemented on daily basis? Happily, the answer is yes!

What is Happiness?As doctors, your role is not just to cure but also to

care. When people know you care, whether they are patients or team members, they tend to be happier. Logically, making patients happy should be a deliberate part of delivering effective treatment. So, let’s consider what makes a happy patient. Being happy is much more dynamic that being satisfied. Dr. Martin Seligman, Director of the Positive Psychology Center at the University of Pennsylvania and founder of Positive Psychology, a branch of psychology which focuses on the empirical study of such things as positive emotions, strengths-based character and healthy institutions, defines authentic happiness as a positive emotion resulting from engagement and meaning. In dentistry, happy patients are quality patients, as demonstrated by their behavior. A quality patient commits to consistent, continuing care visits, accepts your treatment plan, agrees to your financial arrangements, keeps appointments, re-appoints for her next appointment, refers family and friends and values your practice’s philosophy of preventive dentistry.

Creating a Happy EnvironmentOwning and operating a small business is an

exciting opportunity, professionally and personally. The best part is being able to develop other people

to their potential, to uncover and enhance their strengths and make their limitations irrelevant. As a leader of a dental practice, the dentist sets the example for conduct and behavior, including happiness expectations for employees and patients. In other words, they cast the vision and determine the practice philosophy, which, subsequently, determines the practice systems, including both the hard-side and soft-side systems. The hard-side systems are the structure, processes, benchmarks and feedback tools.

The soft-side systems focus on creating a positive environment and the expectation for happiness, which is equally, if not more, important.

For example, dental practices understand the importance of having a daily huddle, but tend to focus on what happened yesterday, what’s on the schedule today and what is coming down the road tomorrow. These are all hard-side systems. They often miss the other component, the soft-side, which is about setting the right tone for the day. At Straine, we have a huddle every morning and begin with a gratitude statement. There is science that shows gratitude exercises have the ability to change people’s happiness set-point. Based on my practice philosophy, the first thing that I want to do

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PDA Endorsed Vendor

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is plant positive seeds to sprout and bloom for the rest of the day so my team will embrace opportunities to share their happiness with others.

Creating a Happy TeamUnfortunately, having a positive work environment

does not automatically result in a happy team. A happy team feels they have control over the things that happen to them and they can solve the problems they encounter on a daily basis because there are clear policies, a proven management system and understanding roles and responsibilities. A happy team is created through encouragement, education and positive reinforcement. The most powerful type of reinforcement is attention, approval and appreciation and need to be given abundantly every hour of every day. But it must be authentic, which means the reinforcement is specific to the team member’s behavior and an important component of that person’s job responsibilities. For example, instead of being general and saying to your financial coordinator, “You’re really great at handling patients,” you would be more specific with “I really appreciate that you resolved the treatment plan with Mrs. Smith as effectively as you did. I appreciate the way you handled her objections.”

It is critically important that the doctor is in tune with the team and is proactively encouraging and reinforcing positive behavior. Why? Because a lot depends upon it, including the team’s own personal and professional growth, their openness to redirection and positive criticism and their impact on others, including patients. Ultimately, patient happiness, treatment acceptance, retention and referrals are all influenced by the dental team. Human beings are very porous. When the team is not happy, they transfer their emotional state onto the patient. There’s a new discovery called mirror neurons that show we imitate

Cont’d fRoM pg. 4 Creating Happiness as a practice protocol

When people need treatment now, they also need options now.

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ContInuEd on pg. 7

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ago, and said the number has since remained steady.The Dentists Insurance Company (TDIC) reports an

increase in web-related copyright infringement claims with 16 cases in 2012, up from two claims in 2009. TDIC analysts say dentists, or the individuals who set up dental practice websites, may not be aware of the legal requirement to secure a license for photos and other materials used online.

Dentists are responsible for the content on their websites, whether they hire a website designer or create the website themselves.

While the use of copyrighted images may be unintentional, penalties can include retroactive licensing fees for each violation and can result in a website ban. TDIC reports damages between $1,000 and $2,000 per image violation. However, damages can range from $750 to no more than $30,000 per image. If the copyright infringement is established as “willful,” the fine can jump to $150,000 for each violation. Additionally, new technology makes it easy to identify copyright infringement. For instance, photographs may have invisible identification watermarks embedded in them that can be found by searching the web.

Cont’d fRoM pg. 1 Copyright Infringement and Website Images

In the event of copyright infringement, the owner of the image will typically send a cease-and-desist letter requesting royalties for use of the photo or removal of the photo. Dentists receiving such a letter are advised to contact their insurance carrier immediately.

Gale said cease-and-desist letters must provide documentation of the copyright violation, and are sent to stop the infringement and avoid inequitable conduct. The letter also serves “to provide a basis for claiming that any continuation of the infringing conduct after receipt of the letter is willful,” opening the door for a significant increase in fines.

Following are a few key points to help avoid copyright infringement on your dental practice website:• If hiring a vendor to create your website, choose

a knowledgeable individual or firm, require a written agreement and approve all content prior to publishing on the Internet.

• Make sure a license has been obtained for photos and other materials used on the site and require proof of license.

Endorsed by the Pennsylvania Dental Association

You are also not a sales goal or market segment. You are a dentist. And we are

The Dentists Insurance Company, TDIC, where business is about doing what’s best

for you, our policyholders. Here, you receive the respect and care deserving of a

member of your profession. You have access to an in-house claims team, razor-sharp

legal team and a peer committee that reviews every case.

Why go to such lengths? Because with us, protecting dentists is all that matters.

You are not a policy number.

Protecting dentists. It’s all we do.® 877.732.4748 | thedentists.com

14-TDIC_PA-0159_PDAIS.indd 1 3/26/14 1:31 PM

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the behaviors of the people we’re interacting with and mimic the emotion that accompanies those behaviors. So, in other words, if the team is not happy, patients will pick up on the negativity and, more than likely, will not end up as happy, quality patients. Conversely, if your team is truly happy, their behavior will reflect that mental state and patients will, again, begin to mimic them.

Creating Happy PatientsBut just like having a happy environment does

not necessarily make a team happy, having a happy team does not guarantee happy patients. There’s a bit more to it than that. Start by identifying if there is a problem with patient happiness. There are two ways to find out. First, measure and monitor key practice vital signs like patient retention, treatment acceptance and referrals. If they are not healthy, your patients are not happy. The second way is to simply ask a patient if there’s a problem if their behavior or body language seems negative. Researchers interviewed patients at the Mayo Clinic in Scottsdale, Arizona and Rochester, Minnesota and identified seven ideal physician behaviors.1 Patients want their doctors to be confident, empathetic, humane, personal, forthright, respectful and thorough. Patients also want their health problems to be properly diagnosed and completely treated. It’s

about respecting the patient, listening to the patient’s concerns and addressing or providing solutions to those concerns. This means that as a health care provider, they want and expect us to let them know the current health of their mouth, all issues and concerns and treatment solutions. So, we need to confidently, empathetically and respectfully communicate the results of the patient’s examination and treatment recommendations without filtering it with our own perception of the patient’s willingness or ability to accept the dentistry or invest in their oral health. If this is done consistently and with compassion, it will be difficult for patients to be unhappy with the dentist or team. Now, they may be unhappy with the extent of care they need, the limitations of their insurance benefits, the time needed to achieve oral health and the cost of care. But if happiness is a system and a goal in your practice, your team is more likely to proactively provide solutions to these patient concerns. They will work with patients to maximize their benefits, patiently explaining how insurance really works. They will try to consolidate appointments to minimize the patient’s time investment. And they will proactively offer financing solutions, like CareCredit’s health care credit card, so the patient is happy about how the cost of care fits into their monthly budget.

Creating a happy environment, happy team and happy patients must be done systematically and deliberately. The good news is, that when you create and maintain happiness in your practice, you’ll end up happy, too. Authentic happiness is contagious. So, every day take advantage of the opportunity to get everyone on your team and every patient in the chair – infected! n

1. Neeli M. Bendapudi, Leonard L. Berry, Keith A. Frey, Janet Turner Parish, William L. Rayburn. (2006). Patients’ Perspectives on Ideal Physician Behaviors. Mayo Clinic Proceedings, Vol. 81, Issue 3, Pages 338-344, DOI: 10.4065/81.3.338

Cont’d fRoM pg. 5 Creating Happiness as a practice protocol

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{Your Insurance Resource 24/7 >>> www.PDAIS.com

We encourage you to visit our website and check out our new long-term care and Medicare

sections.

Long-term care www.pdais.com/longtermcare Visit this section to learn more about why long-term care is important and when the ideal time is to purchase a policy. You also will find information regarding:

• Who needs care• How much care you will need• Where you can receive care• Who pays for long-term care

Medicare www.pdais.com/medicareThis section provides an array of information about Medicare, including a thorough review of the different Parts of Medicare as well as Medigap. You also will learn more about:

• Enrolling• Eligibility• Paying for Medicare

Visit www.pdais.com to see all of the insurance products and services we offer, and take a moment to fill out a quote form at www.pdais.com/freequotes.

• If setting up a website yourself, take your own photos, hire a photographer or pay a photographer for use of his or her images.

• If taking your own photos using staff or patients, obtain written permission from the subjects prior to using the images. TDIC offers an Image Release form online at www.thedentists.com.

• Online image libraries abound and offer royalty-free photos, but they are not free. Photos can be purchased individually, in a group or by subscription to the photo library. With royalty-free photos, you buy them once and can use and reuse them without paying again. Royalty-free

photos have license agreements, so understand the restrictions.

• Be aware of “rights managed” photos that require a fee to use a photograph for a set period of time in a very specific way. For instance, use of a photo for one year on your website only.

• There are public domain photo sites that allow use of photos for photographer credit, but these sites state that some photos require model or property release.

• Secure written permission before using photos of products or trademarked words or symbols on your website. n

Cont’d fRoM pg. 6 Copyright Infringement and Website Images

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{PDAIS Staffgilbert R. davisPresident & [email protected]

Vicki A. BaileySenior Account [email protected]

Ken KurtzSenior Benefits [email protected]

Ingrid SteinerClient Account [email protected]

Robin MaxwellOffice [email protected]

Shotzie BakerSenior Account [email protected]

Megan AschenbrennerSenior Benefits [email protected]

Joel Waldman, dMdBenefits and Long-Term Care [email protected]

natalie KinsingerMarketing [email protected]

Chris WaskoAccount [email protected]

Jeff fawverBenefits [email protected]

Gina DietzStaff [email protected]

Al Bittner IVClient Service Relations Manager [email protected]

Our team is here to assist you! Phone: (877) 732-4748 | www.pdais.com

property & casualty division

employee Benefits division

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• Patient Financing • Payroll & Business Solutions• Precious Scrap Metal Recovery• Waste Management• Website Design & Internet

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For more information on all of our programs, visit www.pdais.com/vendors.

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