Do I have every legal right to get my records from a dental office? 21 Answers as of May 21, 2013

I 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!

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Victor Varga | Victor Varga
Yes.
Answer Applies to: Maryland
Replied: 5/21/2013
Law Office of Melvin Franke | Melvin Franke
Yes.
Answer Applies to: Missouri
Replied: 5/21/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes you are entitled to a copy of the records but they do not have to give you all. They get to keep a copy because they treated her.
Answer Applies to: Michigan
Replied: 10/23/2012
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
They are your records and they should provide you them. They can charge a reasonable fee.
Answer Applies to: Nebraska
Replied: 10/23/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Do you have a right. yes. Does the insurance co have a right if it pays a bill yes report these folks to the better business bureau and see if local dentist s have a grievance committee.
Answer Applies to: North Carolina
Replied: 10/23/2012
    E. Ray Critchett, LLC
    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
    Replied: 10/23/2012
    Dwyer, Black & Lyle, LLP
    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
    Replied: 10/23/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should contact a plaintiff's medical malpractice lawyer for specific legal advice.
    Answer Applies to: Indiana
    Replied: 10/23/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    I think you can only get a copy of the records.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Hamblin Law Office | Sally Hamblin
    Make a request for your records. They may want you to sign one of their forms. I would put your request in writing. They should give you your record and copy of xray. Be specific.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You have the legal right to a COPY of your records,. The dentist must keep a copy of the records in his office.
    Answer Applies to: California
    Replied: 10/23/2012
    Clinton Law Office | Michael Clinton
    Yes! But you may have to pay a fee for the copy service.
    Answer Applies to: Washington
    Replied: 10/23/2012
    Bulman Law Associates PLLC Injury Law Firm
    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
    Replied: 10/23/2012
    Downriver Injury and Auto Law | Michael Heilmann
    A copy not the records are yours for the cost of reproduction.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    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
    Replied: 10/23/2012
    Burton Guidry
    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
    Replied: 10/23/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes, you have a right to get your medical records from you dentist.
    Answer Applies to: Florida
    Replied: 10/23/2012
    Andrew T. Velonis, P.C.
    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
    Replied: 10/19/2012
    Timiney Law Firm
    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
    Replied: 10/19/2012
    Andersen Law PLLC
    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
    Replied: 10/19/2012
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