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Smile Safely: What Dental Practices Need to Know About Patient Photos

September 25, 2025

 

Smile! Members of your dental practice look at countless images of your patients’ pearly whites daily. However, it can be a major HIPAA violation if your practice doesn’t handle these images carefully.

While X-rays of a patient seem anonymous, X-rays and patient medical imaging are considered Protected Health Information (PHI). PHI is health data that can easily be linked to an individual patient. In fact, X-rays also usually include further information, including a patient’s full name and birthday, to ensure they are appropriately assigned and shared with the right patient. The same goes for images of patients’ teeth taken with a traditional camera.

HIPAA is about keeping patient information safe, protecting healthcare data, and holding everyone accountable.  So, your practice’s job is to keep patient images from curious eyes peeking where they shouldn’t.

 

No Peeking!

When handling X-rays and other forms of dental photography, ensure that role-based permissions are correctly assigned.

In other words, ensure that whoever has access to these images truly needs access. For example, your receptionist most likely doesn’t need access to a patient’s X-rays, but your head dentist would. Your practice must assign these roles to keep patient data safe and terminate any access once an employee leaves or roles change. A recent HIPAA fine highlights the importance of this, with an $800,000 fine after one patient became aware of improper staff access.

Your practice should also routinely monitor access to PHI, ensuring that a) the viewer can view specific patient images and b) it makes sense when and how long they review PHI. For example, your practice’s billing staff doesn’t need to look at a patient’s health records at 3 a.m. Noticing odd access to PHI can let your practice catch issues quickly, like hackers.

 

Smile for the Camera (and get an Autograph!)

While it’s vital to keep patients’ medical images, such as X-rays and traditional photos, under lock and key, with the right documentation, you can share these images publicly.

Let’s say your practice wants to share a patient’s orthodontic journey with braces on social media with a before-and-after post. Before posting anything, make sure your patient signs a media consent form. These forms should be thorough and documented by your practice. A patient must be able to revoke consent easily at any time. While you have this consent, keeping any images as anonymous as possible is still best practice. You shouldn’t be tagging your patients in social media posts!

 

Smile with Compliance Confidence

As they say, a picture is worth a thousand words, and in healthcare, those words are PHI that must stay protected.

Dental images play a key role in diagnosing and treating patients, which is why your practice needs to keep this form of PHI secure.

With the right compliance solution, your practice can simplify HIPAA by managing everything in one centralized hub. Important documents, like media consent forms, are always easy to access. Connect with a HIPAA expert today to learn how to streamline compliance.

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October 9, 2026 Penelope Schweitzer No comments yet

October 9, 2026 The latest HIPAA penalty doesn’t involve a hospital system or a massive ransomware attack. It involves a practice that probably looks a lot like yours. Dr. Linda Shen is the owner of Shen Smiles, a solo dental practice with one location in Drums, Pennsylvania. It all started with one patient asking for their health records. It ended with a $140,000 penalty and a much closer look at how the practice handled HIPAA. The lesson? Every HIPAA-regulated practice, big or small, can face enforcement. What happened? It’s unclear when the patient first asked for their records, but patient records need to be provided within 30 days from the initial request. In April 2020, the patient’s attorney filed a complaint with the Office for Civil Rights (OCR). The patient had asked for their health records multiple times and never got it. Once OCR started digging, the missed request turned out to be just the beginning. Patient records weren’t properly maintained, staff had never received formal HIPAA Privacy Rule training, and there were no policies for handling patient requests. Dr. Shen admitted that the records were never provided because a former employee had taken them. That’s another violation, this theft is a breach, which means it needed to be reported to the OCR, patients needed to be notified, and given options to protect themselves (such as credit monitoring). These are baseline requirements every Covered Entity is expected to have in place. No compliance framework, like policies and training, means no HIPAA playbook, so when a patient asks for records (or records go missing), staff is unprepared and unaware how to handle the situation. In July 2024, OCR proposed a $140,000 Civil Money Penalty. Dr. Shen appealed, but ultimately settled on the full amount. The Takeaway for Practices Patient access has been an OCR priority for years through its HIPAA Right of Access Initiative. And as this case shows, one complaint is all it takes to open the door to a review of your entire compliance program. Now is the time to ask: Do we have written HIPAA policies our team can find? Do we have a process to answer every record request within 30 days? Can we prove every team member has completed HIPAA training? If any of those gave you pause, now’s the time to fix it, before OCR comes asking. Looking for the first step? Meet with one of our compliance experts to see where you currently stand.

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September 21, 2026 Penelope Schweitzer No comments yet

September 21, 2026   The HHS Office for Civil Rights (OCR) has announced its biggest HIPAA settlement of the year, reaching nearly a million dollars.  Ambry, a genetic testing and clinical genomics provider based in Aliso Viejo, California is at the center of this enforcement. A settlement was reached over a 2020 phishing attack that exposed the Protected Health Information (PHI) of more than 225,000 individuals. This settlement is a clear reminder that even large organizations trip up on HIPAA requirements.    What happened In January 2020, an employee email account at Ambry was compromised through a phishing attack.  The breach potentially exposed a wide range of PHI, including names, addresses, dates of birth, Social Security Numbers, financial details, and more. Ambry reported the breach to OCR in March 2020, which kicked off the investigation.    Where OCR found gaps OCR’s investigation identified several HIPAA Security Rule gaps, including: No accurate, thorough risk analysis of risks and vulnerabilities to ePHI No process for cutting off access to ePHI when an employee left or no longer needed access No unique user IDs for tracking who was accessing ePHI systems These are baseline HIPAA requirements that every Covered Entity and Business Associate is expected to have in place.   The settlement terms Ambry paid $700,000 and agreed to a two-year corrective action plan, under which it must: Complete a thorough risk analysis of ePHI confidentiality, integrity, and availability Build and execute a risk management plan addressing what that analysis turns up Review and update Security Rule policies and procedures as needed Implement unique user identification across all ePHI systems Train the whole workforce on those updated policies The takeaway for practices When 90% of healthcare hacks start with a successful phishing attempt, it’s key your team is aware of the role they play to keep data safe. Every practice should ask; Do we know exactly where our ePHI lives and how it moves through our systems? Do we have a current, documented risk analysis? Would we catch it fast if a former employee’s access wasn’t revoked? Looking for the first step of addressing these gaps? Meet with one of our compliance experts to see where you currently stand. 

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September 1, 2026 Penelope Schweitzer No comments yet

September 1, 2026   The Office for Civil Rights (OCR) announced its 55th settlement under the HIPAA Right of Access Initiative, and this one is a good reminder that “we’ll get to it” is an easy shortcut to a massive financial penalty.   What happened Azul Vision, Inc., a California optometry enterprise healthcare provider, took nearly two years to provide a patient her healthcare records failed to give a patient timely access to her health records. She requested her records in January 2023. She didn’t actually receive them until January 2025, or two years later, and only after OCR opened an investigation following her complaint in April 2023.   The importance of Right of Access The HIPAA Privacy Rule’s Right of Access is straightforward: patients are entitled to their healthcare records within 30 days of a request, with one possible 30-day extension if needed.    The cost Azul Vision agreed to a two-year, OCR-monitored corrective action plan and paid $50,000. The corrective action plan requires the practice to: Review and revise its written policies and procedures for Privacy Rule compliance.  Regularly report to HHS a log of every PHI access request it receives, including when it came in and when it was resolved, Train all workforce members on right of access requirements and the practice’s own procedures.   Practical takeaways Have a documented, assigned process for access requests: not an informal “someone will handle it” arrangement. Track every request against the 30-day (or extended 60-day) clock: If nothing is timestamping requests, nothing is catching the ones that slip. Train staff specifically on right of access: this is a distinct Privacy Rule obligation from general HIPAA awareness, and it’s clearly one OCR is actively enforcing.   The bottom line A single records request that went unanswered turned into a $50,000 penalty, two years of federal monitoring, and a detrimental hit to the organization’s reputation. That’s a steep price for what really comes down to a missing process. If your team can’t answer “what happens the moment a patient asks for their records?” right now, that’s the gap to close before your practice ends up as OCR’s next enforcement case. Want a streamlined way to close your compliance gaps? Meet with an Abyde expert today!

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