What to Do When Patient Records Are Delayed
Kelli Ngariki • September 3, 2025
Frustrated by long waits for patient records? You're not alone.
More and more dental and healthcare practices – especially larger chains – are requiring unnecessary forms, online portals, or excessive wait times before releasing patient records. The most common example? Requiring patient-signed authorization even when records are being shared provider-to-provider for treatment.
Let’s be clear: That is not required under HIPAA.
And while we understand that every office has internal policies, these added steps often create barriers to care, delay procedures, and leave your team – and your patients – stuck waiting.
We hear you. It’s frustrating, avoidable, and all too common.
But there are ways to respond professionally, keep patient care moving, and avoid escalating conflict.
HIPAA 101: What’s Actually Required
Under the HIPAA Right of Access, providers can share records with other providers for treatment purposes without a patient’s signed release.
- Patients have the right to access their records.
- Providers may require a written request — but it must be reasonable.
- That means offering practical options like email, secure online portal, or fax — not requiring in-person forms or excessive red tape.
- Records must be provided within 30 calendar days (with one 30-day extension allowed in writing).
Legal reference: 45 CFR § 164.524 – Access of individuals to protected health information.
In Oregon: Dental records must be provided within 14 days of a written request from the patient or guardian. (OAR 818-012-0030(9)(a))
If You’re Stuck Waiting, Here’s What You Can Do:
Step 1: Confirm and Clarify
- Make sure your request was received.
- Ask if they prefer a specific format (fax, secure email, form).
- Offer to adjust — as long as it doesn’t create unreasonable delays.
Step 2: Ask for the Right Contact
If the front desk isn’t helpful, ask to speak with the office manager or records supervisor.
Try this language:
“We want to make this easy for everyone. Who can we speak with to help streamline this request so the patient receives timely care?”
Step 3: Share the Rules (Nicely)
Sometimes, they just don’t know. Gently remind them of the law:
“We understand your office has policies, and under HIPAA and Oregon rules, providers must release records within specific timeframes, and can’t add extra steps that cause delays. We’re happy to work together on a solution that supports the patient’s care.”
This isn’t about proving them wrong — it’s about keeping things moving.
Step 4: Involve the Patient
Patients often get faster results. You can:
- Encourage the patient to submit their own written request
- Ask them to mention urgency
- Include their right under HIPAA
Give them the link: HIPAA Right of Access – HHS.gov
When It Crosses the Line: Information Blocking
If delays become frequent, unexplained, or seem retaliatory, they may qualify as information blocking under the 21st Century Cures Act.
🚩 This is serious — and reportable.
Use this only when collaboration has failed, and patient care is being directly harmed.
Bottom Line: Stay Professional, Stay Focused on Care
Most of the time, these delays aren’t malicious — they’re a result of understaffing, outdated systems, or misunderstanding the rules.
That said, you don’t have to just accept it.
You can take clear, professional steps to advocate for your patients — and keep things on track.
Need Support?
If you need help navigating a difficult records release situation, reach out anytime at:
- Phone: (541) 345-3875
- Email: Support@OshaHipaaTraining.com
HIPAA compliance isn’t just about policies—it’s about how your practice actually operates day to day.
The way staff work in your space, handle tasks, and follow procedures affects both HIPAA and OSHA compliance. Issues in these areas are often uncovered during OSHA inspections, HIPAA breaches, or other compliance incidents.
Our FREE OSHA Compliance Risk Review helps you see how your compliance efforts are actually functioning on the ground by identifying:
• Where real-world workflows may be creating hidden compliance risk
• OSHA gaps that can impact staff safety and regulatory exposure
• Systems, training, or documentation that need practical reinforcement
Even when HIPAA is the primary concern, understanding physical-space risk is a smart starting point for strengthening your overall compliance foundation.
👉 Start with a Free OSHA Compliance Risk Review
👉 Start with a Free OSHA Compliance Risk Review
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