The court has given its final approval to a $5 million settlement in a class action filed against insurer Aetna, Inc. and its subsidiaries on behalf of dentists who alleged that the Hartford-based insurer interfered with dental procedures in order to cut costs, and forced dentists to comply with excessive paperwork, in violation of antitrust laws and the federal Racketeering and Influenced Corrupt Organizations Act. Dentists who wish to take part in the settlement will have to fill out a claim form that is to be made available through the mail and on the settlement site that has been established by Aetna.

All dentists who have provided services to Aetna members since August 15, 1995, are eligible to take part in the settlement. Aetna will pay $4 million to between 40,000 and 50,000 U.S. dentists and $1 million to the ADA Foundation, their charitable group. The agreement, which must be approved by the U.S. District Court in Miami, is similar to a May 22, 2003, settlement of a lawsuit filed by hundreds of thousands of doctors who sued over payment and treatment issues.

The settlement also calls for establishing a committee to advise Aetna on issues important to dentists, the timely processing of claims, initiatives to reduce claims resubmissions and disclosure of claims-editing policies, procedures and practices. Aetna, anticipating the cost of the settlement, took a $115.4 million charge in the second quarter that included the cost of its agreement with physicians.

A key beneficiary of the settlement will be the Association's charitable arm, the ADA Foundation--and through it, the entire dental profession and the patients it serves. But ADA and ADAF officials are encouraging class members to donate their share of the settlement to the Foundation, which will use it for dental health education, research, access-to-care and other charitable programs. Dentists who choose to donate their portion of the settlement to the ADA Foundation have two options. The first and simplest option is to do nothing--that is, don't file a Proof of Claim form, in which case the settlement share the dentist may be entitled to would be donated automatically to the Foundation. The second option, which may yield a tax deduction for the donor, is to fill out the Proof of Claim form and indicate, by checking a box on the form, that payment is to be made directly to ADAF.

The settlement will not be effective until the court grants it final approval. The court has not yet scheduled a hearing on the matter.