Dental Records Laws (teeth, dentist, cost, treatment) - Oral Care - City-Data Forum

Trailhiker · 04-28-2010, 09:56 PM

I just moved to a new city, and am looking for a new dentist. When I called around, a lot of them want me to have my past records before I come. I called my old dental office, and they want me to pay for them.

Reading various things on the internet, I see that this is not uncommon. However, my dental insurance insists there is a law that says they cannot charge me. They say they have dealt with this before.

So, I don't know what to think. Has anyone dealt with this before, and has anyone fought the charges and won?

coyoteskye · 04-29-2010, 10:26 AM

Wow!
I've changed dentists a couple of times and i've never been charged to have my records transferred to a new dentist.
That's outrageous in my opinion.
They are your records, you paid your dentists for work he's done and for x-rays taken.
How do they justify charging you?!!
Bad form.

christina0001 · 05-02-2010, 04:07 PM

By law medical providers are allowed to charge a "reasonable" fee, to cover the cost of copying, postage, etc. when releasing medical records to you. I have worked at enough health care facilities to know that. However, if they are sending the records to another one of your health care professionals, I don't think they can charge for that.
If you want to clear this up real fast, start by calling your state - perhaps your state's insurance's office; if they don't handle this issue they ought to be able to tell you who does. Every state has some office that makes sure medical professionals are handling medical records appropriately. They should be able to explain how it works, and if your old dentist is wrong, they will be able to act on your behalf.

drsmiley06 · 05-05-2010, 08:21 PM

Yep, that's right, they can charge you to copy your records. Legally, you own those records, it's a law and the ADA stands by it, but they can charge you to copy the records. Duplicating the radiographs costs money too. Now if your old place took digital radiographs and the records are digital then it shouldn't cost them anything to email the records to the new dentist.

Trailhiker · 05-05-2010, 09:49 PM

Here is a follow-up to my story.

I called my old dental office, and told them that my insurance company said they could not charge me, and the receptionist just said she would ask the dentist and call me back. She called the next morning, and simply asked where I wanted the records sent. She did not mention any fees again, and I did not ask.

She did say that they prefer to send them directly to the new dentist, and that they would e-mail them because the x-rays do not copy well. My new dentist received them and I had my exam today.

Laura707 · 05-07-2010, 04:40 PM

I am glad I read this thread. I was at my eye doctor and there was a old man in there wanting copies of his records because he was changing doctors. They told him it was $7 a sheet and he had been coming there for years and had a thick file.

I have since quit that doctor too because of 3 hour waits AFTER your appointment time but I didn't ask for my records since there was nothing major that needed following.

shannon.e.reyes4989 · 03-01-2011, 05:25 PM

This just occurred today (3-1-2011):

My husband only went to a dental office one time (about 3 weeks ago), which we ended up waiting for 3 hours AFTER our appointment time; the dentist there only took x-rays of his teeth, after which he also expected to receive a standard cleaning; there was none.

Now we were trying to transfer dentists because of costs and the first dental place WILL NOT release the dental x-rays he had taken previously; the doctor there as well as the receptionist told us it was against the law for them to release original dental records. The doctor also mentioned that she still couldn't do anything about it, even if he never received any treatment from them! I told them that we didn't even want to come back to their dental office because of the wild goose chase they had sent us on already earlier today (they basically had misplaced my husband's dental records, sent us to 2 other "sister" dental offices, and then we ended up coming back to where we started bcause they finally found his file, but no one said anything about it). The doctor still told us that NO THEY CANNOT RELEASE ORIGINAL X-RAYS BECAUSE IT IS ILLEGAL AND THAT THE STATE COULD SHUT THEM DOWN.

Since when is it illegal to release your own dental x-rays? We paid for them, and they didn't even do anything else. All we wanted to do was transfer dentists. The new dentist had requested that if we were able to, to get the other dental x-rays and bring them with us to the appointment in 2 days.

Mind you, we have an appointment in 2 days and weren't able to come to the dental office UNTIL now to sign the medical release forms. I don't want to have wasted my money on this because otherwise my husband will have to get new x-rays taken all over again at the new dental office and have to pay them again. I had previously also called this dental office about a week ago to ask them what we needed to do in order to release his x-rays, and even SHE told me that all we needed to do was come in, have my husband sign the medical release, and that we would be able to get them on the same day!

Does anyone know if this is even true? I'm in the state of MIchigan, just so you know.

Thanks,

Shannon

AnonChick · 03-01-2011, 06:07 PM

So, you didn't sign the release forms til now. Well, they were not allowed to release anything until you signed the forms. It is against federal law for a doctor to release medical information to -anyone- without signed written consent of the patient.

Further, as you have seen in this thread, you should have the new dentist request the x-rays from the old dentist. A transfer of medical records from one doctor to the other is ALWAYS more efficient than getting the copy yourself, and bringing them to the new doctor. It also rarely incurs a cost when it's done via the doctors without the patient. If they were to give the x-rays to -you- then they have the right to charge you for the copies. They are not obligated to give you the originals, they are only obligated to allow you to see them.

ToucheGA · 03-08-2011, 06:28 PM

Most states have laws that allow meidcal providers to change a reasonable fee for records. For example, Georgia law (31-33-3) specifies exactly how much a doctor can charge. Other states probably have similar laws. Do some research to make sure you are not over-charged.

I agree with a prior post; it's generally more efficient for you new DDS to request the records from your old dentist. You will need to give your old dentist written permission to release the records, in accordance with federal law (HIPPA).

Miborn · 03-08-2011, 07:52 PM

Quote:

Originally Posted by Trailhiker

I just moved to a new city, and am looking for a new dentist. When I called around, a lot of them want me to have my past records before I come. I called my old dental office, and they want me to pay for them.

Reading various things on the internet, I see that this is not uncommon. However, my dental insurance insists there is a law that says they cannot charge me. They say they have dealt with this before.

So, I don't know what to think. Has anyone dealt with this before, and has anyone fought the charges and won?

If you get them yes maybe but the NEW Dentist should send for them!