I am seeing a new dentist and needed my x-rays forwarded from my old dentist to my new dentist. I sent the old dentist a signed release form giving him permission to send my records to my new dentist. Some how the old dentist managed NOT to send my records, rather he sent my husband's records to my new dentist (my husband is no longer a patient of the old dentist, yet his records were still with the old dentist; and he is not a patient of my new dentist;). We knew this old dentist was shady from the start.
Is there anything legally wrong with the old dentist sending the new dentist my husband's records without my husband's consent? Is this a violation of HIPAA?
Can a dentist release patient records without patient authorization?
Rather than start a war, why don't you just contact the old dentist, explain the mistake (which is what I think it was) and get it straightened out. It probably wasn't even the dentist's fault but that of the receptionist. If you start a war, she will probably end up being the one in trouble.
Reply:Yes, it does violate HIPPA. If his name and signature are NOT on the consent then he did NOT consent that his records can be reiewed by an out side office.
This sounds like it was just a mistake.
Reply:Sounds like someone at your old dentist goofed. Call them back and I'm sure they will straighten it out.
Reply:As a Nurse, I do know somewhat about the HIPPAA law...
No HIPAA has not been violated. A violation occurs when the privacy of a patient is broken maliciously or intentionally. Accidentally breaking it, is not considered a violation.
But as I see it, it looks like the old dentist's secretary made a mistake...
1. Your DENTIST himself, did not send the files... Dentists hire office people and medical techs to do that kinda stuff for them.
2. Even though your husband stopped being a patient of the Old Dentist... they are not required to discard records... They keep them to see if you might need them someday. Also if there is ever a question about the services and treatment you got when you went there... they can pull old records to refer to.
3. I personally wouldn't take the HIPAA law to this extreme literal sense... Another Dentist would also know to protect the confidential nature of the records...
4. YES, This law is to protect your privacy... But I will give a few examples of the types of things the law is meant to protect against:
a. Your Uncle Bob Newhart is gay, and contracted HIV. He is in the hospital. Bob's neighbors heard that he was sick and they are concerned. They call the Nursing station to see if he's alright and ask why Bob is in the hospital. The Nurse tells them that he has HIV and AIDS. Bob's privacy has just been violated.
b. You broke your leg last week ice skating. You had to take a short leave of absence from work. Your Boss is upset at the fact that he is short staffed. He calls your Doctor to find out when you will be coming back to work, and if you really need all this time off. The doctor tells your boss that you can go back to work in 6 weeks. Your privacy has just been violated.
In both examples... the caller did not have authorization to that information.
The new dentist will know that this record was not needed and they will send it back to the old dentist. They will not release info to outside sources.
Good Luck,
Nurse Angie
Reply:Everyone is always getting worked up over violations involving HIPAA (I’m pretty sure that I spelled it correctly) just like everything else involved with dentistry, but this would be noticed as a “mistake” immediately although no harm was intended or done. Well, I myself, doubt that this possibly "shady dentist" went to the trouble of finding the "wrong chart" or record, which is in fact your husbands, having the same last name, and then this dentist, went to the trouble of mailing it to your new dentist. Actually, it sounds like an honest mistake that was made by the receptionist or office manager; who is more likely to have compiled the paperwork to send. I doubt the old dentist "personally" did anything other than tell someone to send it, which is how it’s done.
Maybe you should inform them of the error, request they re-mail all pertinent records pertaining to “only” you along with any current x rays, or those within the past five years.
When you ask this question, just what exactly did you want or expect to happen to the dentist and his staff? Everybody makes a mistake occasionally; this caused no harm and is an obvious oversight within a family of patients. These charts are no doubt filed directly next to each other, so the first names on the chart defined which was accidentally sent, it’s a huge possibility and would most likely be construed as nothing more than an oversight; an oversight of your dentist who delegates and oversees all actions of all of his employees. The buck stops with the dentist, unless he decides to fire the employee who sent the wrong chart.
I have to say that when I read your question, my first thoughts were "what kind of nut are you." You sound like just all of the others out there looking for a law suit to file. It’s no wonder our legal system is in such a shambles. I hope I'm wrong and that you will give the first dentist's staff a break on the "case of the wrong chart" sent. I will tell you this, in nearly all other dental offices, you would never have even known. Your new dentist's front desk "should have caught" the mistake, as soon as the chart arrived, immediately called the first dentist office for the correct chart to be sent, ASAP, and the second office would have returned your husbands chart. You would have been none the wiser my dear, and that's the way it's done with experienced, intelligent, dental professionals. The professionals look out not only for the boss, but each other along with any other dental professionals, no matter where the office or who the dentist. We think of ourselves as a tight knit group that works together as one large family. You can all take a quick bow, now get back to work! Hope I’ve mistaken your question; this is just my few cents worth.
Additional information: That is odd to have a chart mix up, with a married couple whose “last” names are different, I will agree although I find the different names rather odd. It may have been that your family’s charts “as a group” had been pulled and placed in their inactive files, since they knew you had changed to another dentist. This should have made it easier or at least reduce the possibilities of a possible error, which obviously it didn’t.
Although, I don’t know the reasons causing this change to take place, or the length of time spent under the care with this former dentist, I’m sure there are many details to this but, I would interject my thoughts pertaining only to the remarks you’ve mentioned that seem pertinent in your additional information.
In regard to the “un-cleanliness” of the practice, I must offer an apology in this dentist and other dentist’s stead, with the following as explanations.
Occasionally a dental office may appear to be unkempt or even unsanitary due to the age and use of the practice itself, and even it‘s personnel. The “old office” with it’s sadly outdated and tired décor, equipment “taped” back together, chairs holding the same tape, worn out flooring and the such are a testimonial of the generations of patients that have past though, or been there, before you. When in actuality, it is the “care given” to the patients that has, as it should, the utmost priority. In this area, as a whole, it is impeccably sterile; the instrumentation and the insurmountable knowledge of dentistry are sound, eminently competent and focused “entirely” on the patient. The unbelievable amount of updated materials and such, possibly gathering dust on a shelf somewhere, where many have been discarded, due to the fact that the updated items or materials, are not, and never will be, a decent substitution for what is being used already, is this dentist eyes. As for myself, I would prefer an older dentist, office and staff; they have the years of experience and knowledge with the run down practice showing the wear, to prove it. I believe that age does offer wisdom.
When you step into a sleek, finely decorated dental practice, what crosses your mind? I’ve had patients tell me there thoughts; all felt they were “paying” for automobiles (who knows which one these days) expensive trips, vacation homes, private schools and the finely decorated practice, and lots of other pricey items, not to mention the inflated price on their dental care. All of the icing on a cake does not make a cake taste good. Now I’m not saying that “all” of the new dental practices that have a beautiful décor, are not top notch, only that someone has to pay for all of these niceties, the older practice hands down, have the undeniable experience and everything surely is or has been paid for, many times over.
Perhaps I should say that what looks unclean to you or others who think this way, is just outdated or old, yet extremely clean and highly efficient; as some of the older offices appear and are. Now I will grant you that you may have come across an office that is as you say, unclean as some are. But you, your self and your family stayed with this questionable practice for how long? I’m not making excuses for this or any dentist with the un-sterile or un-disinfected condition of their practice, only for those who are accused while unsubstantiated with the appropriate evidence. The appropriate or inappropriate cleanliness could only be substantiated by someone knowledgeable of dental OSHA compliance regulations regarding the recommended guidelines for the disinfecting and sterilization procedures to be followed.
Granted, there are that do not comply, it’s a wonder, those that are grossly and apparently the ones who continue to practice with these unsightly conditions that are apparent to the seemingly knowledgeable patients these days. These dentist and those in this field of work that are the inept and obviously the ones dissatisfied with their work and their choice of career, and yes, in these cases should be reported to the ADA or the board of dental examiners.
Although you did mention that you are “not concerned legally, rather inclined to report him to the ADA” due to the “not so thorough (I corrected your spelling) cleaning” you received this last visit. My first question would be what makes you think you received a poor cleaning? Also, are you “capable of and can you” check the areas of the sub gingival, interproximal, mesial, distal, facial or lingual of any such areas on any single tooth, with an instrument, to determine there “was or wasn’t” debris, tartar or calculus or maybe stain left behind that would in fact constitute and determine that you received a poor or insufficient cleaning? Also, did you visit another qualified, licensed and board certified hygienist for a follow up by and with the same legally said dentist for an examination and check up to record any and all ill findings? Now had you gone so far as to follow up with another dentist, on the same day and this dentist would give testimony or voice, “against this dentist” or with lending truth to your statement. Now, had you done this and found there was truth in this slanderous acquisition you are now making, and then I would not be giving my few cents worth, once again.
Reply:Our hipaa sheet mentions that we can share records with other dental providers if that is what is best for your teeth.
It does sound like the dentist made a mistake but it is just that, a mistake. Hipaa was not created for people to get all tied up in technicalities but to protect the patient from having their personal information shared about.(IE published in the paper.) It bothers me when people look for technicalities so that they can get someone in to trouble or "sue" . How about lets all get along. There is real malpractice out there and you have to admit, this is not it.
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