I just got a panoramic x-ray done at my dentist two weeks ago. On Tuesday, I’m getting my wisdom teeth taken out, so the oral surgeon needs to see my x-rays. I asked my dentist to send over the x-ray, and she told me it would be $25 for copying them. I told her I’d just pick up the original and bring it to the oral surgeon (three blocks away from her office), and then bring it back. She told me she couldn’t do that.
So here’s my question: Those x-rays were paid for by me (well, my insurance company, but still…). I don’t understand why I can’t walk them down to the oral surgeon and bring them back when I’m done. Are they not mine? Why do I have to pay $25 for a copy? This surgeon and dentist have a professional relationship, as the dentist referred me to him, and their offices are three blocks apart. Is it crazy for me to think they could just both work off the same x-ray?
In most states, the medical records and x-rays are owned by the person that created them, i.e. the physician or dentist. However, they are also required to provide reasonable access to them for patients and other providers as necessary. And while fees may be charged for patients to get copies, usually fees are waived (and oftentimes illegal) in the case that another provider needs them to provide care.
In Wisconsin, I get free copies of x-rays of my patients from other providers just by requesting them (no patient signature needed, as they’re for continuing medical care, as spelled out in HIPAA). So perhaps your oral surgeon’s office should be calling to get them.
Actually, the “service” in making the x-rays is what you paid for. You paid for the labor, not the actual film negative (original).
Same situation with children’s school photos. Or professional wedding photographers/videographers.
Definitely not. In the old days of film negatives, this is especially clear. However, I now see a lot of dental equipment recording original data as digital files. So “original” is somewhat blurred since they can just make an exact copy and burn a CD/DVD of the data for you.
I used to go the cheapest dentist (whatever the dental insurance would cover without having to spend extra out-of-pocket). They would nickel-&-dime me various fees (such as your $25 x-ray copy charge). Later in life, I switched to the most highly regarded dentists (translated as “more expensive”) in whatever city I lived in. The quality of care was certainly improved but I also noticed that those top-tier dentists don’t mess around with petty fees. If I asked them to forward the xray to orthodontist or oral surgeon, they just did it as a professional courtesy.
Copyright law does not jive with everyday commense sense unless you look into the motivation of the laws.
In my opinion as a physician you are not being unreasonable.
It’s likely the fee would be waved if you protest it.
There is a paradigm shift from caregiver-ownership (it’s really guardianship) to patient ownership of records. Be courteous, but firm. You need your records and you are unwilling to pay the $25. I would not be surprised to see the fee waived.
The answer to the “ownership” question is a little nebulous, but the short answer is that you own an absolute right to see the originals, to have exact copies made for a nominal fee, and that you can get them on demand.
I’m a Radiographer. By law (at least in Texas) original films must be kept by the facility that made the exposure. What you paid for is the service and the physician to interpret the image. The additional $25 is for the costs involved in copying the film.
When the facility I work at used fims, we also charged for making copies of the films. We now use digital imaging and provide a CD of the images at no charge upon request.