How to get my dental records?
Commitment to Patient Privacy
Lux Dental is committed to protecting the privacy, security, and confidentiality of patient health information in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), the HIPAA Omnibus Rule, applicable regulations promulgated by the United States Department of Health and Human Services (“HHS”), and applicable Massachusetts law.
We comply with, among other authorities:
- HIPAA Privacy Rule, 45 C.F.R. Parts 160 and 164;
- HIPAA Security Rule, 45 C.F.R. Part 164;
- 45 C.F.R. § 164.524 (Right of Access);
- 45 C.F.R. § 164.508 (Authorizations);
- Massachusetts Board of Registration in Dentistry regulations, including 234 CMR 5.13;
- Massachusetts General Laws Chapter 112, Section 12CC; and
- Other applicable federal and state laws governing patient records and protected health information (“PHI”).
Lux Dental maintains administrative, technical, and physical safeguards designed to protect PHI and to ensure compliance with applicable law.
PATIENT RIGHT OF ACCESS
Patients have the right to inspect and obtain a copy of their own protected health information maintained in a designated record set pursuant to 45 C.F.R. § 164.524.
Lux Dental shall not require a patient to explain or justify a request for access to the patient’s own records.
A patient may request access to his or her own records verbally or in writing. Lux Dental may request written documentation for administrative purposes, provided that such request does not create an unreasonable barrier to access as prohibited by applicable law.
The patient’s right of access is separate from and in addition to requests seeking disclosure of records to third parties.
THIRD-PARTY RELEASES
When records are requested for release to a third party, Lux Dental generally requires a valid written authorization meeting the requirements of 45 C.F.R. § 164.508 unless another lawful basis for disclosure exists.
Patients or authorized representatives requesting release of records to a third party may be asked to:
- complete and sign Lux Dental’s Authorization for Release of Records form;
- provide reasonable verification of identity;
- provide documentation demonstrating authority to act on behalf of the patient where applicable;
- specify the records requested;
- identify the intended recipient;
- identify the delivery destination; and
- provide accurate contact information.
Incomplete, unsigned, unverifiable, or otherwise deficient requests may be delayed until deficiencies are corrected.
CENTRALIZED RECORDS REQUEST PROCESS
To promote accurate processing, documentation, and privacy protection, Lux Dental maintains a centralized records request process.
The designated email address for records-related communications is:
Records requests submitted to other email addresses, appointment scheduling systems, website contact forms, text messaging platforms, social media accounts, or other communication channels may not be monitored for records-request purposes and may result in processing delays.
Patients and authorized representatives are encouraged to direct all records-related communications to Records@LuxDental.com or to contact the office directly by telephone.
EMAIL AND ELECTRONIC COMMUNICATIONS
Lux Dental does not release records based solely upon receipt of an email communication.
Requests received electronically may require additional verification before records are released.
Reasonable verification measures may include:
- telephone confirmation;
- government-issued identification;
- written authorization;
- verification of recipient information;
- confirmation of delivery destination;
- proof of legal authority; or
- other safeguards reasonably necessary to protect patient privacy and comply with applicable law.
Requests submitted through electronic communications that cannot be reasonably verified may be delayed or denied until verification requirements have been satisfied.
Where a patient requests an electronic copy of records and Lux Dental maintains such records electronically, Lux Dental will provide records in the electronic format requested if readily producible, or in a mutually agreeable readable electronic format, consistent with 45 C.F.R. § 164.524(c).
TELEPHONE VERIFICATION
Lux Dental may contact patients or authorized representatives by telephone to verify:
- identity;
- authority to request records;
- recipient information;
- delivery destination;
- requested records;
- authorization information; or
- other information necessary to protect patient privacy.
Lux Dental may suspend processing pending reasonable verification of identity or authority when necessary to comply with applicable law and protect patient information.
RECORDS REQUEST DOCUMENTATION
Lux Dental maintains documentation of records requests and release activities when applicable.
Documentation may include:
- authorization forms;
- identity verification procedures;
- telephone verification records;
- correspondence relating to the request;
- recipient information;
- transmission destination;
- release date;
- method of transmission or delivery;
- release logs; and
- other administrative records associated with the release process.
The absence of documentation reflecting completion of authorization, verification, transmission, or release procedures may indicate that a request was incomplete, unverifiable, abandoned, not processed, or that no release occurred.
PROCESSING TIME
Lux Dental will process valid requests in accordance with applicable federal and state law.
Pursuant to 45 C.F.R. § 164.524(b)(2), Lux Dental generally responds to requests for access within thirty (30) calendar days of receipt.
If records are maintained off-site or if an extension is otherwise permitted by law, Lux Dental may extend the response period by up to an additional thirty (30) calendar days by providing timely written notice stating:
- the reason for the delay; and
- the date by which Lux Dental expects to respond.
Only one extension shall be utilized per request unless otherwise permitted by law.
Requests involving medical emergencies will be handled as promptly as reasonably practicable.
FEES
Lux Dental may charge reasonable, cost-based fees permitted by applicable federal and Massachusetts law, including 45 C.F.R. § 164.524(c)(4) and 234 CMR 5.13.
Permissible fees may include:
- labor for copying records;
- supplies used to create copies;
- postage; and
- costs otherwise permitted by law.
Lux Dental shall not charge fees prohibited by law, including fees solely for searching for or retrieving records.
Applicable fees, if any, will be communicated prior to release.
Access to records will not be conditioned upon payment of unrelated outstanding balances for dental treatment.
DENIAL OF ACCESS
If Lux Dental denies access to records, the patient or authorized representative shall receive written notice consistent with 45 C.F.R. § 164.524(d).
The notice shall include:
- the basis for denial;
- any applicable review rights;
- instructions for requesting review where applicable; and
- information regarding the complaint process.
PRIVACY OFFICER AND COMPLAINTS
Lux Dental has designated a Privacy Officer responsible for implementation and enforcement of this policy.
Patients who believe their privacy rights have been violated may file a complaint with Lux Dental’s Privacy Officer by contacting the office directly.
Lux Dental will not retaliate against any individual for filing a complaint or exercising rights protected by law.
CONTACT INFORMATION
For questions regarding records requests, patient access rights, privacy matters, or this policy, please contact:
Records Department
Records@LuxDental.com
or contact the appropriate Lux Dental office by telephone during normal business hours.
This policy may be revised from time to time to comply with changes in applicable law, regulations, guidance, or office procedures.