Right to Amend
The HIPAA Privacy Rule gives individuals the right to amend their own PHI. For example, an individual who learns that someone else's' health information is mistakenly in her chart may request that the record be amended to note that this information is not hers. The individual has this right for as long as the covered entity maintains the information.
Agencies may deny an individuals' request for amendment; for example, if they determine that they did not create the information, that the information would not be available for inspection because the individual does not have a right to access it, or that the record is accurate and complete.
All request for amendments must be submitted in writing.
The Medical Director and/or Operations Manager for the operational area or region will be responsible for reviewing the request and will make the final determination to accept or deny the request.
They will then provide the patient with a written explanation of the decision.
An amendment request must be responded to within 60 days of receiving the request.
The patient has the right to appeal the decision.