Without dental records that travel with you, your future care can be compromised.
Q
My dentist suddenly closed his practice and transferred my records to another dental office I don’t want to work with. What are my rights to my health records, and how do I obtain them from the new dentist?
A
Under federal law (HIPAA), you have the right to obtain copies of your health information from your dentist, just as you do from any other covered health provider.
Your dental records belong to you, and you have the right to access the full file, including treatment plans, X-rays and images, clinical notes, and financial or billing information.
The process for requesting those records from the new office should generally be the same as requesting them from your original dentist. Below is a clear overview of your rights and a straightforward procedure to follow.
What HIPAA guarantees about your health records
Your dentist cannot refuse to give you copies of your records solely because you owe money for prior services.
Depending on whether records are paper-based or digital, assembling them may take time. Be prepared for a short delay if the records must be located, scanned, or transferred.
If the provider refuses your request, they must give you a written explanation for the denial.
Fees for copying and supplying records
HIPAA allows the dentist to charge a reasonable, cost-based fee for copying, printing, and mailing records. Typical reasonable fees are modest; often no more than $15–$20.
If you request a written summary or explanation of the records, the provider may charge a separate fee to prepare that summary.
Providers may not charge you for the time spent searching for or retrieving records; that obligation falls to the practice.
How to request your dental records
Request your complete file so you can transfer everything to a new dentist if you choose. You may request any or all components, such as:
- visit summaries and clinical notes
- diagnoses and treatment plans
- laboratory results
- medication history
- images (X-rays, CTs, etc.)
- accounting and billing statements
Contact the office currently holding your records and ask what their specific request procedure is. Many practices have a standard release form or written request they require. Submit your request in writing and keep a copy for your records.
How long should it take to receive your records?
HIPAA requires providers to act within a reasonable time. If you believe your request is not being handled promptly, you can file a complaint with the U.S. Department of Health and Human Services’ Office for Civil Rights.
If you encounter delays or obstacles, consider contacting your state or local dental society for assistance and guidance. Where state law provides greater access than federal law, providers must follow the law that gives you the most rights.
Obtaining high-quality images and complete files
Ask the office holding your records whether the copies are diagnostic quality, especially for X-rays or other images. If the transferred files are low-resolution or incomplete, request that higher-quality images be provided or ask how to obtain them from the original office.
Talk with your current or prospective dentist about how they handle record transfers. A practice that respects patients’ rights to their records will make the process straightforward, because those records are essential to safe, continuous care.
Anything less—poor-quality copies, incomplete files, or unnecessary delays—can negatively affect future treatment and is unacceptable.
Mark Burhenne DDS
References
Relevant federal guidance on access to medical records is available from the U.S. Department of Health and Human Services and in HIPAA regulations; consult the agency resources for the official rules on requesting and receiving health information.