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A patient has the right to request an amendment to his or her health record per 45 CFR §164.526 of the HIPAA Privacy Rule, and it is the policy of this organization to respond to any amendment requests in accordance with this rule.
No. A patient's record should be complete and accurate to ensure they receive appropriate care. Patients can question the content of their records, but not on the basis that it is upsetting or that they disagree with it.
Reasons for Denial.The provider who received the amendment request had not created the original record. The record was created at another office. There is an exception if the creator is no longer available and the mistake in the record is apparent.
Under HIPAA, patients have a right to request amendments to their medical records, but it is up to the provider to decide whether or not to do it. However, regardless of what the provider decides, they must respond to the patient's amendment request.
A Medical Record Amendment is: A change, edit or update of medical record information requested by the patient when they feel the information documented is incorrect.
Changing a medical record to correct an error is anything but an easy process. Under federal HIPAA rules, patients have the right to request that doctors fix errors, but the provider has up to 60 days to respond, and can ask for a 30-day extension. The provider also can refuse, but must specify the reason in writing.
The covered entity must act timely, usually within 60 days, to correct the record as requested by the individual or to notify the individual the request is denied.
Consequently, patients frequently ask about whether they have the right to remove a diagnosis from their medical records. But, can they do this? The answer to this question is NO.
Addendum to a Medical Record: It may be necessary to correct an entry in a medical record. Reasons for adding an addendum could include correcting erroneous information, adding information to a previous entry or deleting erroneous information, such as documenting on the wrong patient.
General concerns about psychological or emotional harm are not sufficient to deny an individual access (e.g., concerns that the individual will not be able to understand the information or may be upset by it). In addition, the requested access must be reasonably likely to cause harm or endanger physical life or safety.