Align Technology is encouraging dental practitioners who are considering offering Invisalign treatment specials through social coupon sites such as Groupon and Living Social to consult with an attorney first.
In a letter sent to customers December 5, the company stated it has received a number of complaints from Invisalign customers who feel the use of social coupons is not in the patient's best interests, and is unethical and demeaning to the dental profession.
"We agree," wrote Dan Ellis, vice president of North America sales for Align. "In fact, Align does not endorse the arbitrary sale of dental services and Invisalign treatment through social coupons and is not a party to any such offerings."
Align believes that the interests of both prospective patients and the practitioner are best protected by requiring a patient examination to confirm a patient`s suitability for Invisalign treatment before extending an offer to treat, Ellis added.
"Because both your services and each Invisalign treatment are unique (like the needs of each patient), we do not believe that either are appropriate for the Web-based, group-buying social coupon process," he wrote.
In addition, he noted, dental practitioners should be aware that the laws of most states prohibit practitioners from splitting fees with third-parties or nonpractitioners.
"In response to the increase in the sale of medical services through social coupons, there is a growing sentiment that the sharing of fees between a doctor and social coupon sponsor may constitute such an illegal fee splitting arrangement," Ellis wrote. "As a result, we encourage all Invisalign practitioners who may be considering participation in the social coupon process to consult with their attorney to evaluate the legal risks associated with such a transaction."
