Dental R​ecords

The answer is yes. State law requires health care providers, with limited exceptions, to give patients who ask, complete and current information they have about their patients’ diagnosis, treatment, and prognosis. Providers must also notify patients of any test results they possess or request for purposes of diagnosis, treatment, or prognosis (CGS § 20-7c(b)).

A patient may obtain copies of his or her medical records by asking the provider in writing. The patient’s attorney or authorized representative can also make such a request. Such records include bills, x-rays, copies of lab report results, prescriptions, contact lens specifications under certain conditions, and other technical information used to assess the patient’s health condition. The provider must supply the health record within 30 days of the request (CGS § 20-7c(d)).

 

By law, a health care provider can withhold medical information from a patient if he or she reasonably determines that the information would be detrimental to the patient’s physical or mental health or would likely cause the patient to harm him- or herself or someone else. In this case, the provider can supply the information to an appropriate third party or another provider who can release it to the patient. A patient aggrieved by a provider’s decision to withhold information can, within 30 days of the decision, petition the Superior Court for a disclosure order (CGS § 20-7c(e)).

A health care provider can charge up to 65 cents per page, including any applicable research or handling fees, related costs, and first class postage to supply a patient’s health record. The provider can also charge a patient the amount necessary to cover the cost of material for providing a copy of an x-ray. A provider cannot impose these charges if the patient documents that the records are necessary to support a Social Security claim or appeal.

A provider cannot refuse to return to a patient, original or copied medical records from another provider. When returning these records, the provider may keep copies for the patient’s file as long as the provider does not charge the patient for the copying costs (CGS § 20-7c(d)).

State law generally does not allow the direct reporting of laboratory test results to patients. But, they may be reported to patients upon the written request of the provider who ordered the testing (Conn. Agencies Reg., § 19a-36-D32). If a provider asks the patient to undergo repeated testing at regular intervals over a specified time period, the provider can issue a single authorization allowing a laboratory to give all the test results directly to the patient. The testing must be to determine a diagnosis, prognosis, or recommended treatment course (CGS § 20-7c(c)).

Generally, this prohibition is designed to protect the patient by insuring proper explanation and interpretation of laboratory findings, and avoiding possible harmful misinterpretations.

The law specifies that its provisions on patient access to medical records (CGS § 20-7c(a)-(h)) do not apply to any information related to psychiatric or psychological problems or conditions (CGS § 20-7c(f)).

The law applies to people licensed or certified to provide the following health care services: medicine and surgery, chiropractic, naturopathy, athletic training, physical therapy, occupational therapy, substance abuse counseling, radiography, midwifery, nursing, dentistry, dental hygiene, optometry, optics, respiratory care, perfusion, pharmacy, psychology, marital and family therapy, clinical social work, professional counseling, veterinary medicine, massage therapy, electrology, hearing instruments, speech pathology and audiology, and emergency medical services (CGS § 20-7b).

If a patient asks in writing, a provider must furnish a copy of the patient’s health record to another provider. This includes x-rays, copies of lab reports, prescriptions, and other technical information used to assess the patient’s condition. The written request must specify the receiving provider’s name. The patient is responsible for the reasonable costs of providing the information (CGS § 20-7d).

In addition, if a patient or provider who orders medical tests for the patient requests it, a clinical laboratory must supply the test results to any other provider seeing the patient for treatment, diagnosis, or prognosis purposes (CGS § 20-7c(b)).

Generally, a health care provider must retain a patient’s medical records for seven years after the last treatment date, or three years after the patient’s death.

Providers must also retain the following:

1. Lab and phenylketonuria (PKU) reports for five years; 
2. X-ray film for three years; and 
3. pathology slides, electroencephalograms (EEGs), and electrocardiograms (ECGs) for seven years, except that if subsequent ECGs are performed the provider may discard previous tests if the results are unchanged (Conn. Agencies Reg., § 19a-14-42).

A health care provider who terminates a practice (or his or her executor or responsible relative in the case of death) must inform patients by (1) notice published in a local newspaper and (2) a letter sent to each patient seen within the past three years before the date the practice was discontinued. Patient medical records must be kept for 60 days after the notice (Conn. Agencies Reg., § 19a-14-44).

A provider who purchases or otherwise assumes a retiring or deceased provider’s practice cannot refuse to return original or copied medical records to a patient who decides not to continue receiving care from that practice. The successor provider cannot charge the patient for the cost of copying the records of the retired or deceased provider (CGS § 20-7c(d)). 

If a health care provider abandons his or her practice, the Department of Public Health (DPH) commissioner may appoint a licensed health care provider to keep the abandoned provider’s records and disburse them to patients upon their request (CGS § 20-7c(g)).

If a patient changes health care providers and asks the provider to transfer the records to the new provider, the first provider is not required to retain the records (Conn. Agencies Reg., § 19a-14-43).

The law allows licensed health care institutions to create, maintain, or use medical records or medical record systems in electronic format, paper, or both if the system can store medical records and patient health care information in a reproducible and secure manner. It also allows health care providers with prescriptive authority to use electronic prescribing systems (CGS §§ 19a-25b and 19a-25c).