Twenty-two states have already implemented laws for non-covered benefits and many more are currently in the process of introducing legislature on it. These laws, when passed, state that if you are contracted with an insurance company as a “participating provider” you are NOT required to honor the PPO fee if it is a non-covered benefit under the patient’s policy. In other words, if the insurance company isn’t going to be paying for the benefit they can’t hold you to the fee schedule.
As of January 2012, this is the most recent data I have on states which have passed the law where dentists are not required to accept negotiated fees for non-covered services:
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