Legal Question in Legal Ethics in Missouri

I was trying to get care at a dentist office this morning. They told me to fill out papers which included the HIPPA act. On the form it said to read carefully and I did. About the middle of the page on one of the forms it said that I was giving the office permission to release my information to basically anyone requesting the my information. I told them I did not agree with this and they told me it is the law and I had to sign. I refused to sign a blanket release of my information. They told me to sign or I could not be treated and I left without being treated. Do they have this right to refuse me treatment for not agreeing to give a blanket release of my records by them?


Asked on 12/16/15, 10:43 am

2 Answers from Attorneys

Anthony Smith LawSmith

Without reading the HIPPA that this office presented to you, I can't determine if your summary is accurate. I've written HIPPA programs, including git a central pracrice. I've not seen one that includes a blanket relrade. But, assuming this one did, it would violate several Federal regulations, and some state statutes. The content of the HIPPA statement aside, what you're asking is "can a business choose with whom to do business?" In most cases they can. Obviously, if they are a public accommodation, they cannot make that decision based upon race, religion, or creed. When it comes to health care providers, they can differentiate based upon religion or nation if origin ( or recent travel) as the public health concern calls for investigation if exposure to communicable disease,. The private health concern can call for investigation of duetery habits, in detrming the best treatment.

I think you were likely mistaken about the breadth if the release. Dental HIPPA programs often include a release for insurers, providers, those people you otherwise grant permission to see your records, and law enforcement/investigation agencies. If the patient is later dies in a way that their face it fingerprints are not discernable, dental records may be the easiest way to exclude the wrong person, as the decedent. (DNA is now the more trusted method for deyeing that the corpse IS the person)

You have the right to not do business with a dental practice that insists that you release your records to more entities than you want. But, unless you are paying cash, you'll have difficulty finding one.

Good luck

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Answered on 12/17/15, 8:46 am
Anthony Smith LawSmith

You might offer to scratch out the lunes you don't agree with, and then sign. You have to agree to some, it your insurer won't likely pay. Many dental receptionists don't understand the HIPPA program. Therefore the dentist might agree to let you put a line through a nonessential portion, and still treat you.

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Answered on 12/17/15, 8:49 am


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