Who owns the patient's x-rays?
Moms View Message Board: General Discussion: Archive August 2006:
Who owns the patient's x-rays?
Does the patient or the doctor own the x-rays taken of the patient? My ds's former dentist wants to charge me $30 to reproduce his x-rays so that his current dentist can have a copy. I offered to pick up the originals and bring them to his current dentist but the former dentist wants to keep the originals in his office (even though we will not be seeing him anymore!). Do I have a leg to stand on if I argue with him or is this a common practice?
Not 100% but you probably paid for them so they should be yours.
Wow, I have never heard of this. We have moved a lot(LOL) and I have never had a dentist want to charge me to send xrays to a new dentist.
The former dentist probably legally has to keep copies of everything for "x" amount of years. I know for child care I have to keep copies of paperwork for all kids for 3 years. Most dentist offer one set of copies (not originals) free and make you pay for any others. Can you have the new dentist's office request them? Maybe they wouldn't charge them. Explain it to them first, so they know if they will charge them you can decline paying. We're in the process of switching dentists (our current one stopped taking our insurance as of Aug 1st) and I asked for copies of our records. They ONLY gave me copies of the xrays! None of the paper records! lol I'll have to give them a call. Good luck. 
I've never had a problem with getting actual x-rays from dentists or hospitals/doctors. Technically, you are paying for them, so I would think you can do what you want with them.
Even with large body part x-rays done in a hospital, I have never been charged to pick them up and take them to another doctor.
I used to work for a doctor, and YOU absolutely own those xrays. It is not legal for him/her to charge you for them. As has already been stated, you, or your insurance company, has already paid for them. (The same holds true for other types of xrays, MRI's, CT scans etc. Our local hospital gives us the above mentioned items to take to our physician, then our physiacian tells us to take them home. Otherwise, they have to pay to store them).
Since they are being that way, go to the office to sign a release, then have your new dentist send for them. However, contact your insurance company, and let them know that the provider is trying to "double dip" and make money on the same xrays twice. That's insurance fraud.
Doctors/dentists also cannot charge for copies of medical records. The only people that they can charge are attorneys, in case of evidence for litigation. Again, sometimes they don't want the patient reading what they write, so they would rather have you sign a release, and have your new physician or specialist send for them.
While we are are on the subject, it is also illegal for providers to charge for missed appointments. They may post a sign in their office, but it is not legal to charge you for a service that you did not receive, even if it is your fault.
An attorney told me that. Also, the office manager where I worked would squeeze every dime out of anyone, that she could do legally, and she also told me that she could not charge for the missed appointments.
Under HIPAA, "a consumer must be allowed to inspect or obtain a copy of her PHI (Protected Health Information)within 30 days from the date the request is received. ... The covered entity (the health care provider) can charge reasonable "cost based" fees for providing the information."
Here are Louisiana's laws about charges for health care records:
Louisiana
Louisiana Revised Statutes 40:1299.96
For records, a reasonable charge not to exceed:
$1.00 per page for first 25 pages
$0.50 per page for pages 26-500
$0.25 per page thereafter
Plus handling charge of $15.00 for hospitals, $7.50 for other health care providers
Plus actual postage
For x-rays, microfilm, electronic, and imaging media:
Reasonable reproduction costs
Plus handling charge of $20.00 for hospitals, $10.00 for other health care providers
Fact of life is, the health care provider has to maintain copies of your records for X years to comply with state laws (and probably federal laws), and may also want to maintain them for at least the period of the statute of limitatons (the period in which a lawsuit can be filed). Yes, you can review your records or obtain copies of them, but the provider has the right to charge you for (a) the office time spent in getting the records out and making the copies, (b) the cost of the copies and (c) the cost of copying radiology films, etc. And, working in a law office, I can tell you that copying x-rays is NOT cheap.
Yes, you paid for the x-rays. But, you did not pay for copies.
Some of it may depend on why you are changing dentists. If the new dentist is in the same area and you are changing because you are dissatisfied, your old dentist is probably playing CYA when s/he keeps the original x-rays and will only make copies available to you.
You can certainly have your new dentist send for the records, but your old dentist's office may still charge you for making the copies, and from everything I know, they are within their legal rights to do so. Yes, this is, nowadays, a common practice. And yes, he can do it. Frankly, $30 is cheap unless you are only talking about 1 or 2 x-rays. (When my ENT recently left his old practice and opened a new practice at a different hospital, I had to pay $25 to have my records transferred - and when I consulted the lawyers I work for, they advised that the old office was within its rights.)
Cat,
I had the same thing happen with a dentist, I was trying to get all of my records to file a lawsuit, because I ended up losing teeth because of shoddy work. They first refused to give me ANYTHING, and when I demanded my records again, I got only a couple of Xrays, no written records or anything. If I had known better, I would have persued it more aggressively, I've had 3 dentists in my life that should have their license taken away for malpractice, and it;s cost me thousands in repairs, not to mention I'll probably need dentures by 30.
Sorry to hijack your thread, I would as for a copy of the office policy on obtain copies of records/XRays (most offices have a paper they give you on their first visit) and put your request in writing. Good luck!
In Maryland, you don't own those x-rays even though you "paid" for them. The ancillary facility (agency that took them) owns them. You are legally allowed to request copies of the report or of the actual x-rays but they do not have to release the originals. It would come down to more of an office policy than anything.
Just another note...we switched psychs for my dd and the original one refused to give us her records, finally said he would for a 25 dollar fee. Which I paid and walked away, oh while I waited with the patients in the waiting room and explained why I was getting records Anyway, the new psych said from doc to doc they usually can request paper work free of charge. So if you have a new dentist you can have them request records.
I think ultimately docs feel better about the records going straight to another doc, where you never really see them. The key is finding a doc that will let you read your chart whenever you want!
My dh's dentist retired last Spring. I just went to my dentist this week (yesterday) and they gave me a 'records release form' for dh to fill out. He will fax to my dentist this morniing and they will be able to request his records from his old dentist office. There was no mention of any fee. Yikes!
I would ask your new dentist what in the world the fee is for that the old dentist is trying to charge. See if they have any suggestions.
My physical medicine doctor will get copies of medical/blood test/MRI or X-ray reports and then copy them to give to me. My PCP will not give me copies of ANYthing. She gets very confrontational when I ask. So I just have my other doc get them from her.
I get so sick of playing the games with the healthcare professionals sometimes.
I work for a medical association, and all medical records (at least here in Texas) are the property of the physician/hospital/clinic, etc. You have the right to obtain copies. They are also well within their rights to charge a copying fee per page, as long as it does not exceed a stated amount (the amount has been $25, but may have changed).
You should be able to contact your county or state medical association for information regarding your rights in your particular state.
As previously stated, doctors and dentists sometimes write unflattering comments about patients, and don't want the patient to read it.
In 1992, I discovered a lump under my left breast. I went to a military surgeon who dismissed it. At the time, my MIL's breast cancer had recurred and was starting to metastisize to her bones. She was in constant pain, and ultimately died from breast cancer two years later. I persisted and went over this Captain's head, even though he was the chief surgeon. I had another surgeon agree to remove the lump and biopsy it, which, thank the Lord, was benign. However, when I asked for a copy of my medical record when my DH retired, I noticed a comment written by the first surgeon. He wrote "Patient is "cancer phobic" ". Who isn't??
Thanks for the info guys! It was a great help.
|
Members
