Legal question - dental records

[damontucker]

Legal Question?

I thought medical records are suppose to be between you and your Doctor/Dentist/Physician/etc.

The Dentist I had been seeing moved to the mainland so he could make more money....

Why is it he was able to sell his practice to another young and up coming dentist and that dentist now has access to my dental records, Social Security #, previous health conditions, etc.?

I'm already going to switch dentists.

I had no knowledge that my dentist was moving... I received my 6 month check up notice from a new dentist with a new name... same location and same dental office staff....the only thing different... was the New up and coming Dentist.

So legally speaking, hasn't my medical records basically been sold from one doctor to another in a sense? Shouldn't I have been asked permission? I don't have anything against the new dentist personally... I just prefer someone with a more experience.

I don't want answers like "switch dentist"... I set up a seperate post for that.

[damontucker]

Re: Legal question

No one have any input or thoughts on what I posted yesterday?

[Leo Lakio]

Re: Legal question

Here's my take:
The records are actually owned by the medical/dental practice (as an asset), and are therefore subject to the sale of said practice.
It is the confidentiality that is protected, and the purchaser of the practice is required to respect the confidentiality of the contents of those records.

[timkona]

Re: Legal question

When shopping for medical/dental services would you prefer the old codger who went to Medical School in the 60's, or a youngster fresh out of medical school, with all the latest knowledge and technologies??

[damontucker]

Re: Legal question

In this case... the old codger!!! It's only some damn enamel and a mouth... and how much has the human mouth changed in the last 30 years?

it's not freaking brain surgery!

Here's my take:
The records are actually owned by the medical/dental practice (as an asset), and are therefore subject to the sale of said practice.
It is the confidentiality that is protected, and the purchaser of the practice is required to respect the confidentiality of the contents of those records.

thanks for your response leo...

But you know what..."Thats F'D UP!"

are prospective buyers then allowed to see the assets before the purchase and say "Hey... Manoasurfer123 is an excellent client....I'll buy this practice"

and then on the other hand are they gonna look at their assets and say..."manoasurfer can't even handle a needle..." I'm not buying this practice!"

And shouldn't I have at least been told that my medical information was about to be sold??? and for that matter...shouldn't I have at least had an opportunity to clear my medical history before the sale was on the block?

[WindwardOahuRN]

Re: Legal question

And shouldn't I have at least been told that my medical information was about to be sold??? and for that matter...shouldn't I have at least had an opportunity to clear my medical history before the sale was on the block?

The laws regarding personal health information have changed quite a bit over the last few years, thanks to HIPAA regulations (Health Information Portability and Accountability Act).

You might want to take a look at the info here and see if you have any recourse.

http://www.hhs.gov/ocr/hipaa/