Question - How long do you have to keep dental records in Texas?

Answered by: Theresa Hill  |  Category: General  |  Last Updated: 25-06-2022  |  Views: 1376  |  Total Questions: 14

1. SBDE Rule 108. 8 states that a dentist must maintain records on a patient for at least 5 years from the last date that the dentist saw the patient. There is an accepted rule of keeping dental records and models for up to seven years. The models are generally stored for this amount of time unless the doctor feels that it is a big involved implant case and wants to keep the models indefinitely. HIPAA also affects recordkeeping requirements for offices that are covered by generally requiring that such offices maintain patient records for six (6) years and two (2) years after a patient's death. The dental office should have a records retention policy and all staff should understand it. seven years

http://www.tmb.state.tx.us/page/general-council-faqs-for-consumers

Mail a written request for records to the physician by certified mail, return receipt requested. This method provides assurance that the request was delivered. State law allows a patient to obtain a copy of their records, or ask that a copy be sent to a new doctor or someone else, such as an insurance company.

https://www.texmed.org/Template.aspx?id=6334

Generally under Texas business law, the work product of an employee belongs to the employer. Thus, in a setting where a physician employs another physician, absent a prior agreement, the employee physician actually may not own any of the records for his or her patients - the employer physician owns them.

https://hipaahealthlaw.foxrothschild.com/2017/02/articles/privacy/charges-copies-medical-records-may

In fact, according to the Access Guidance, physicians should not charge “per page” fees at all unless they maintain medical records in paper form only. Thus, under HIPAA, a per-page fee is not permitted for medical records that are maintained electronically.

https://protectingpatientrights.com/faqs/can-ask-doctor-mail-medical-records/

Under the federal privacy rule established by HIPAA, a “covered entity”, such as a physician or hospital, must accommodate “reasonable” requests by patients to receive their medical records. This means that a practitioner can not require the patient to come to their office to pick up the records.

https://tma.custhelp.com/ci/fattach/get/88316/0/filename/Dec+2017+Fees+for+Medical+Records.pdf

The Texas Medical Board (TMB) has since adopted rules setting the maximum cost of copies. Under these rules, physicians may charge no more than $25 for the first 20 pages and 50 cents for each page thereafter for medical records provided in a paper format.

https://www.nolo.com/legal-encyclopedia/getting-medical-records-information-rights-32220.html

The federal Health Information Portability and Accountability Act (HIPAA) gives patients the right to obtain a copy of their medical records from any medical provider, with a few exceptions.

https://www.healthdataarchiver.com/where-do-i-find-medical-record-retention-laws-for-my-state/

The length of time states require records to be retained varies from as short as five years to as long as ten. For states requiring less than six years, health organizations must still retain HIPAA information for six years. A variety of factors impact medical record retention regulations.

https://www.mic.com/articles/184186/get-medical-records-for-free-in-5-easy-steps

To help you get your records for free — or at least in as cost-effective a way as possible — consider these five key tips. Know your rights. Find out if your care provider offers Blue Button. Inspect but don't obtain your records. Get electronic copies of your records. Ask your current doctor to obtain your records for you.

https://www.deardoctor.com/articles/why-your-dental-records-should-follow-you/

HIPAA regulations require that dental offices keep patient records for six years — longer for minors. However, it's a good idea to have your records transferred as soon as possible to give your new dentist access to information that can help with diagnosis and treatment.

https://www.trueshred.com/blog/how-long-to-keep-eobs

When you or someone you are caring for is seriously ill, it is recommended that you keep EOBs for five years after the illness or condition is alleviated. If you or the patient is claiming or has claimed a medical deduction, keep the explanation of benefits for seven years.

https://contactcentreservices.nhsbsa.nhs.uk/selfnhsukokb/AskUs_Dental/en-gb/9725/practice-queries-co

Medical histories should be updated at the start of each subsequent Course of Treatment (CoT) and, ideally, signed by the patient and performer at each update.

https://www.verywellhealth.com/can-i-access-my-dental-records-1058926

Your Right to Obtain Access to Your Dental Records Thanks to HIPAA, only you have the right to your records, and all you have to do is ask. You can visit the dentist to ask in person, but many experts recommend making the request in writing, so you and your healthcare provider have a record of it.

https://www.wda.org/wp_super_faq/who-owns-a-patients-dental-records-2

The dentist owns the records, but the patient owns the information contained in the records. As such, the patient has a right to examine and/or obtain a copy of their records at any time.