Why Every Dental Office Needs a HIPAA Compliance Officer and a Proper Records Release Policy
- Ashley Boaz
- Jun 12
- 4 min read
Updated: Jun 13
Just because you’ve always done it that way, doesn’t mean it’s legal.
Dental offices have a long history of casually releasing patient records—sending files to “the next office,” responding to a phone request, or handing records to anyone who claims they “know the patient.” But in today's regulatory environment, these informal habits are a ticking time bomb.
It’s time to get serious about compliance.
The Compliance Gap: Why It Matters More Than You Think
In the eyes of regulators like the Department of Health and Human Services (HHS) and state dental boards, ignorance is not an excuse. Your dental practice is legally and ethically responsible for ensuring patient information is protected, properly managed, and only released in accordance with HIPAA rules.
That’s where a HIPAA Compliance Officer and a clear records release policy come in.
1. Why You Need a HIPAA Compliance Officer
Appointing a HIPAA Compliance Officer isn’t just a box to check—it’s a proactive strategy that regulatory bodies view as a best practice. Here's why:
Accountability: You have a go-to person responsible for overseeing the flow of sensitive information, ensuring that privacy and security protocols are being followed consistently.
Training & Monitoring: The officer ensures all staff are trained, understand patient rights, and are aware of what constitutes a HIPAA violation.
Documentation Trail: A designated officer keeps a clear record of what was released, when, and to whom—critical if you ever face an audit or investigation.
Regulatory boards favor practices with a designated compliance representative because it demonstrates organizational responsibility and risk mitigation.
2. Records Release Policies Aren’t Optional—They’re a Shield
Without a records release policy, your office could be flying blind. Consider these real-world risks:
Releasing records to unauthorized individuals(“Hi, I’m calling for my friend’s x-rays.”)
Sending records to another office without patient signature(Even if it’s “routine,” it’s not automatically legal.)
Faxing sensitive data without a cover sheet or verification(Yes, even in 2025, some offices still fax improperly.)
You’re one sloppy release away from a serious HIPAA violation.
A proper records release policy outlines:
The identity verification process
When and how consent is required
Who is authorized to receive records
How records should be transmitted securely
Documentation requirements for every release
3. What’s at Stake If You Get It Wrong
HIPAA violations can cost more than just money:
Financial Penalties: Fines can range from $100 to $50,000 per violation, with a maximum annual penalty of $1.5 million.
Litigation Risk: Improper disclosures may lead to lawsuits or class-action claims from affected patients.
Reputation Damage: Once trust is broken, it’s hard to win it back—especially in the era of online reviews.
Criminal Penalties: Criminal violations of HIPAA can result in fines and imprisonment, depending on the severity of the offense.
4. “But the Other Office Asked for It…” Isn’t a Legal Defense
If you’re releasing records simply because another office called or faxed a request, stop. You are responsible for verifying that:
The patient explicitly signed a release form
The identity of the requester is confirmed
The release is documented and archived
If you don’t have that paper trail, you're vulnerable.
5. Best Practices for Dental Practices
Implementing a robust compliance system isn’t complicated—but it is essential. Here’s where to start:
Appoint a HIPAA Compliance Officer: Give them the authority and training to oversee privacy practices.
Create a written records release policy: Use it to train all team members and review it annually.
Use standardized release forms: Include patient signature, date, purpose of release, and expiration.
Limit exposure: Mitigate risks by only allowing dedicated staff with proper training on your documented HIPAA compliant release protocol to process any records requests.
Log every request and release: Include time stamps, method of verification, and what was shared. If there are any changes, the patient must initiate a new request with any update documented to keep your office safe.
Educate your team: Make sure they know not to release records “just because someone asked nicely.”
6. Before You Hit ‘Send’… Ask These Questions
Did we receive a signed, HIPAA-compliant release form?
Did we verify the identity of the person requesting the records?
Is the information being sent securely (encrypted email, secure portal, etc.)?
Are we documenting the request and release properly?
Does the patient know what is being released and why?
If the answer to any of these is “no,” don’t send it—you’re exposing your practice to legal and financial risk.
7. Need Help Creating a Records Release Policy That Holds Up?
At Mint Conceptions, we’ve helped practices across the country audit and overhaul their HIPAA compliance processes. We build systems that don’t just check the box—they protect your practice, your patients, and your peace of mind.
Because when it comes to patient privacy, “we’ve always done it that way” just doesn’t cut it anymore.
Final Word: Compliance Isn’t Optional—It’s Operational Excellence
Make compliance a part of your everyday operations, not just an afterthought. Assign a HIPAA Compliance Officer. Create a written records release policy. Train your team. And document everything.
Your future self (and your malpractice insurance provider) will thank you.
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