Dental new patient specials: what to offer and what the rules require

What patients expect from a new patient special

A patient clicking a special expects four things on the page:

• One clear price and exactly what it includes.
• What isn't included, especially periodontal treatment ("deep cleaning") if the exam finds it's needed.
• Who qualifies: new patients only, uninsured only, or everyone.
• How long it lasts and how to book.

Vague offers backfire. A patient who expected a cleaning and is told on the day they need periodontal therapy at full price may leave and post about it. State the exclusions up front and the special does its job.

Common offer structures: exam, X-rays, cleaning and whitening add-ons

Most dental specials are one of five shapes:

Build the offer in six steps:

1. List the exact components and your full fee for each.
2. Decide who qualifies. Uninsured new patients only is the simplest scope.
3. Check every payer contract if insured patients can use it (next section).
4. Check federal and state rules on inducements and "free" or discounted offers.
5. Write the terms in plain English, next to the price, not in a footnote.
6. Build the offer page and tracking before any ad runs.

Insured, uninsured and Medicaid patients: who the offer applies to

Uninsured patients are the cleanest audience. The HHS Office of Inspector General notes that providing free or discounted services to uninsured people is legal (OIG, Fraud & Abuse Laws (opens in a new tab)).

Insured patients are where specials get complicated. Your participating agreements and fee schedules can limit what you charge an insured patient and how discounts apply, so read each contract or ask each plan before you extend the offer. The ADA Code adds two points (ADA Code (opens in a new tab)):

• Under 5.B.1, accepting a plan's payment as payment in full without telling the plan you won't collect the patient's share is overbilling.
• Under 5.B.3, the fee for a patient without dental benefits is your full fee, the one represented to all carriers. Ask your advisor how a standing uninsured special affects the fees you report.

Medicaid and other federal program patients bring federal inducement rules into play, covered in the next section. If you participate in Medicaid, check your state program's rules before advertising any special to its members.

This is general information, not legal advice. Verify with each plan and confirm with counsel.

Inducement rules and "free" offers: what to check with the OIG

Two federal laws matter when Medicare, Medicaid or other federal health care programs are involved:

• The Anti-Kickback Statute bars paying anything of value to induce or reward referrals of federally payable business. OIG states that the prohibition "applies to all sources of referrals, even patients", and that practices may not advertise that they will forgive copayments.
• The beneficiary inducement statute bars offering Medicare or Medicaid patients anything likely to influence their choice of provider. OIG's 2016 policy statement notes the statute defines remuneration to include waivers of copayments and deductibles and items or services given free or below fair market value. It interprets acceptable "nominal value" gifts as no more than $15 per item or $75 a year per patient, never cash or cash equivalents (OIG policy statement (opens in a new tab)).

A free or discounted exam aimed at Medicaid patients can fall within that definition of remuneration, which is one more reason to limit offers to uninsured patients. State laws can apply similar rules to all payers, including private insurance.

Federal advertising rules apply too. The FTC's guide on the word "free" says all terms, conditions and obligations should be stated clearly and conspicuously at the outset of the offer, and that a "free" item tied to a purchase must be based on a genuine regular price (16 CFR Part 251 (opens in a new tab)).

This is not legal advice; confirm with counsel before you launch.

State dental board disclosure rules for discounted services

Each state dental board sets its own advertising rules, and some require specific wording on free or discounted offers. Florida is the clearest example. Section 456.062 of the Florida Statutes (opens in a new tab) applies to practitioners licensed under several chapters, including chapter 466, which covers dentistry. Any ad for a free, discounted-fee or reduced-fee service, examination or treatment must include this statement, in capital letters clearly distinguishable from the rest of the text:

"THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICE, EXAMINATION, OR TREATMENT."

Other states have their own versions or none at all. Read your board's current rules; our overview of state board advertising rules is a starting point. The ADA Code applies everywhere: fees must not be represented in a false or misleading way (5.B), and an ad must not omit a fact needed to keep it from misleading (5.F.2).

This is general information, not legal advice. Confirm how it applies to your practice with a qualified advisor.

Landing pages and ads for your special

Give the special its own page so every ad, post and mailer points to one place. The page needs:

• the price and what's included in the headline;
• who qualifies, the exclusions and the expiration date, next to the price;
• any state-required statement;
• a short HIPAA-compliant request form and a tap-to-call button;
• a photo and short bio of the dentist the patient will see.

Keep ad pixels off the form, and count form submissions and calls as events. For promotion, search ads on "new patient specials" plus your town catch people already comparing offers, and Facebook and Instagram can put the offer in front of nearby adults; see how to advertise your special by channel.

Where Medfy fits. Medfy's rebuilt website gives each service its own page, an offer page included, with HIPAA-compliant forms. Its first-party analytics count calls, forms and bookings by source, so you can see which special worked. To see how your current offer page performs, check your offer page with a free audit.

Measuring specials: redemptions, follow-on care and cost per patient

Redemptions alone flatter a special. Track each special patient for 12 months:

1. Redemptions: how many booked and showed.
2. Return for recall: how many came back for their next hygiene visit.
3. Accepted treatment: how many accepted recommended care.
4. Referrals: how many sent someone else.
5. Cost per new patient: ad spend plus the discount given, divided by new patients. Our guide to cost per new patient explains the full method.

Common mistakes

• Burying exclusions in small print or a footnote.
• Extending the special to insured patients without checking payer contracts.
• Advertising a "free" exam to Medicaid patients without checking inducement rules.
• Leaving out a state-required statement.
• Running the same special forever, so it becomes your real fee in patients' eyes.
• Judging the special on redemptions instead of patients who stay.

For other promotions, see our dental promotion ideas. Chiropractors face a similar mix of rules; see chiropractic new patient specials for that version.

Frequently asked questions

Is it legal to advertise a free dental exam?

Generally yes, if the offer is truthful and every condition is stated clearly next to it. Some states add requirements: Florida, for example, requires a specific capitalized statement on ads for free or discounted services. Free services to Medicare or Medicaid patients can raise federal inducement issues. Check your state dental board's rules and confirm with counsel; this is not legal advice.

Can I offer a new patient special to insured patients?

Sometimes, but check first. Your participating agreements and fee schedules may limit how discounts apply to insured patients, and the ADA Code says accepting a plan's payment as payment in full without disclosing that you won't collect the patient's share is overbilling. Limiting the special to uninsured patients avoids most of these questions. Verify with each plan; this is not legal advice.

How much should a dental new patient special cost?

There is no benchmark worth copying. Start from your full fees for the exam, X-rays and cleaning, decide what discount you can afford as an acquisition cost, and compare it with what you would pay to win the same patient through ads. Patients search for these offers about 1,000 times a month in the US, so the price must be clear, honored and free of hidden exclusions.

Do new patient specials attract patients who stay?

Some do and some don't, and only your own data will tell you. Track each special patient for a year: did they return for their next hygiene visit, accept recommended treatment and refer anyone? If a special brings mostly one-time visits, change the offer, the audience or the follow-up rather than only cutting the price.