Ethics & Law · single question

A patient is moving out of state and requests that her dental records be sent to a new dentist. She has an outstanding balance. What should you do?

  1. Send the outstanding bill and ask her to collect the records in person
  2. Obtain her signed written authorisation and release copies of the records
  3. Release the records only after the new dentist calls and signs for them
  4. Withhold the records until the balance is paid
Show answer and explanation

Correct answer: B. Obtain her signed written authorisation and release copies of the records

  • A. Making the patient come in to collect records, particularly when she is relocating, is an obstruction of her right of access and does not address the request as made.
  • B. CORRECT. The record belongs to the patient in terms of the INFORMATION it contains, and under HIPAA she has a right of access. Payment status is a SEPARATE matter and cannot be used to hold records hostage — doing so is unethical, breaches the ADA Code, and in most jurisdictions is unlawful. Obtain a signed release authorising transfer, send copies (retaining the originals), and pursue the balance through normal collection channels.
  • C. The new dentist's request does not substitute for the PATIENT'S authorisation. It is the patient who must authorise release.
  • D. Withholding records over an unpaid balance is the classic wrong answer here and can jeopardise the patient's continuity of care.

Note: You may charge a reasonable, cost-based fee for copying and postage where state law allows, and you keep the originals. What you cannot do is condition release on payment of a treatment balance.

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