Do I have every legal right to get my records from a dental office? 21 Answers as of May 21, 2013I took my daughter to aspen dental, they advertised free first visit, and I brought the ad in. They told me they could not do it for free, I talked to the manager she said they can do it. The ad was in the yellow pages as well as on TV. I took her the ad from the yellow pages. They said the visit including x-rays would be free. I found out they changed the visit to my insurance company. Nonetheless, I do not want them to have her records, it also contains my insurance, I do not want them to steal any more money from me!
E. Ray Critchett, LLC | Ray Critchett
Yes, you have a right to a copy of your records; however, the dental office likely has a right to keep a copy as well. You may request that they redact the health insurance information. You may have a claim for false advertising and/or insurance fraud depending on the facts of your case.
Answer Applies to: Ohio
Dwyer, Black & Lyle, LLP | Kevin Habberfield
They didn't steal any money from you at all. Your insurance company yes, but not you. If you want to tell your insurance company about it and let them handle it, so be it but, there is nothing you can do unless they actually charged you out of your own pocket. Also, they must keep the records pursuant to NYS law. Go find another dentist. Good luck.
Answer Applies to: New York
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Relax. You can't unring the bell so move on. You can request a copy of the records and they can charge a reasonable fee to copy and send them to you. You can't make them erase the records. Considering your attitude, they need to keep all the records to protect themselves from a crank lawsuit. The more noise you make the more attention you draw to being cheap. They didn't steal from you. A booking clerk made a mistake keystroke. I suggest you head to city hall and start checking the city treasurer for errors. That would be good for everyone.
Answer Applies to: Montana
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If they did not charge you but only recovered what they could from your insurance company they in effect gave you the service for "free." You have a right to obtain the records from the dentist but the dentist has a right to keep a copy of the records for his files. If there is no further service from the dentist, there should be no further billing to your insurance company. To do so would be a form of insurance fraud.
Answer Applies to: Michigan
Burton Guidry | Burton P. Guidry
Call the better business bureau. They must keep records of anything they do under Federal Law (HIPPA). You can and should get a copy by paying reasonable copy costs. Just get on the net and fill out a hippa release and they must comply. You must make the request in writing. Keep a copy for your own records. And don't do business with them in the future.
Answer Applies to: Louisiana
Andrew T. Velonis, P.C. | Andrew Velonis
You have a right to get your records, but that doesn't seem to be the question you are asking. Notify both Aspen Dental and your insurance company, in writing, that they are not authorized to charge anything to your insurance. Confirm that they have received the written notice.
Answer Applies to: New York
Timiney Law Firm | Leigh Anne Timiney
Yes, you have every right to obtain a copy of your medical records from Aspen Dental. You do not have the right to obtain their copy of your records, but you do have the right to a copy of your medical records. Second, what they are doing is deceptive and false advertising. I would suggest you file a complaint with your state's dental regulatory board regarding their advertising and billing practices.
Answer Applies to: Arizona
Andersen Law PLLC | Craig Andersen
You can only get copies. You need to report them to the Attorney General's office, Consumer protection Division. I would also file a complaint with the Medical Quality Assurance Commission. If they advertise one thing and give you another, that is an unfair trade practice called "Bait and Switch."
Answer Applies to: Washington