By Ayana Guzzino
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August 20, 2025
Delays in receiving medical records are one of the most common frustrations we hear about from healthcare offices. Whether you’re waiting on x-rays, patient histories, or treatment notes, it can feel like a simple request is suddenly wrapped in red tape. This blog was created to address those very questions. Instead of assuming malicious intent, we aim to foster clarity, reduce friction, and offer practical, lawful guidance for improving communication and protecting patient access. A Common Scenario: When Policy Becomes a Barrier A dental office submits a request to another provider for a patient’s records, which are needed before a scheduled procedure. The other office replies that the request must be submitted through their specific online portal — and once submitted, it may take up to 30 business days to process. No confirmation is provided, and no status update is available. The patient is growing anxious, the procedure must be rescheduled, and the receiving office is left wondering what they’re allowed to say or do. This situation doesn’t reflect a bad actor. It reflects a broken process, often due to: Understaffed administrative teams Lack of training on HIPAA timelines Overreliance on policy templates Outdated systems for records handling The good news? There are realistic, professional steps you can take to move things forward — and avoid unnecessary conflict. What the Law Says About Records Release HIPAA Right of Access Under the federal HIPAA Privacy Rule: Patients have the right to access their records. Records must be provided within 30 calendar days (with an optional 30-day extension if justified in writing). Providers may require a written request but cannot create unreasonable delays or barriers. Full guidance: HIPAA Right of Access – HHS.gov Oregon Rule (Dental): Oregon dental providers must provide records, including x-rays, within 14 days of a written request from the patient or their guardian. Refer to OAR 818-012-0030(9)(a) for direct language. Internal policies should support timely care, rather than hindering it. Records Release Toolkit These steps are designed to support your office in responding effectively, lawfully, and professionally when facing delays in receiving patient records. Clarify and Confirm Ensure the records request was received. Ask if additional documentation or formats are preferred (fax, secure email, form submission). Offer to resend or adjust the request to their stated process, so long as it does not impose unreasonable delays. Connect with the Right Person If initial communication isn’t productive, request to speak with a supervisor or office manager. Approach the conversation with the goal of: Understanding their process Building a cooperative relationship Identifying a smoother path forward for both offices Sample language: “ We’d like to make this process easier for everyone involved. Who is the best person to speak with about streamlining this request and ensuring the patient receives timely care? ” Provide Educational Context If helpful, you may share federal guidance or state law — not as a threat, but as context: “We understand your office has internal policies, but understand that under HIPAA and Oregon law, patient records must be released within specific timelines, and processes cannot create unreasonable delays. We’re happy to collaborate in a way that works for both offices and puts the patient’s needs first.” Empower the Patient Patients often get faster responses. Encourage them to: Submit their own written request • Note the urgency for treatment • Request an estimated date of release • Reference their right to access under HIPAA You can also provide the patient with a link to HHS’s Right of Access page for more information. When It Might Be Information Blocking The 21st Century Cures Act prohibits covered entities from interfering with access to or use of electronic health information. While most delays are not intentional, consistent or unexplained refusals to share records may fall under the category of information blocking. To learn more: • Information Blocking FAQ – HealthIT.gov • Report a Complaint – OCR Use this step when education and collaboration have failed, and there’s clear harm being done to the patient’s ability to receive care. Focus on Collaboration, Not Conflict Delays in care can be deeply frustrating, especially when you’re doing everything right. Still, it’s important to remember that many offices are working with limited resources, under pressure, and with outdated systems. Most delays are not acts of harm — they are opportunities for system improvement and clearer communication. By staying professional, grounded in law, and centered on the patient, your office can be a model for collaborative, compassionate compliance. Need Support? If you need help navigating a difficult records release situation, reach out anytime. Healthcare COMPLIANCE Associates Phone: (541) 345-3875 Email: Support@OshaHipaaTraining.com Subject: Request for Records – Patient Care Impacted by Delay Dear [Recipient’s Name or Office Manager], I hope this message finds you well. I’m reaching out regarding a records request submitted on [insert date] for our mutual patient, [Patient Full Name, DOB]. As of today, we have not yet received the requested information, and unfortunately, the delay is beginning to impact the patient’s ability to receive timely care. We understand and respect that every office has internal policies and procedures, and we’re happy to follow yours to the extent that they comply with state and federal law. However, we are concerned that the current delay may be inconsistent with compliance requirements. Summary of Relevant Law: Federal HIPAA Right of Access – 45 CFR 164.524 Covered entities must provide access to records within 30 days of request (or within 60 days with an extension). While a written request may be required, the entity may not impose unreasonable measures that delay access. Full guidance: HHS HIPAA Right of Access Oregon Administrative Rules (Dental-Specific) Providers must release patient records within 14 days of written request. See: OAR 818-012-0030(9)(a) & OAR 818-012-0032 We are committed to working with your office to ensure this process is smooth and compliant. Please let us know: If the records have already been sent (and we may have missed them), If there’s a specific form or additional verification needed, or If there’s someone else we should contact to help move this forward. Our goal is to ensure this patient receives timely treatment. We truly appreciate your time and efforts. Warm regards, [Your Name] [Your Title] [Your Office Name] [Phone Number] [Email Address]