Kentucky Health Record Amendment Denial Letter
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FAQ
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.
Medical facilities must abide by HIPAA and Privacy Rule regulations. Each facility must have a written policy for adhering to these rules. The policy must be recorded in electronic and paper form. When patients come to a medical facility for the first time, they must receive a copy of the facility's privacy policy.
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.
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.
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.
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.
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.
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.
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.
Proper Error Correction ProcedureDraw line through entry (thin pen line). Make sure that the inaccurate information is still legible.Initial and date the entry.State the reason for the error (i.e. in the margin or above the note if room).Document the correct information.
