New York Health Record Amendment Denial Letter
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FAQ
The court had long held that the Fourth Amendment does not protect information we voluntarily disclose to others including to phone companies (this encompasses, by the court's definition of voluntary, the numbers we call).
The 14th Amendment of the U.S. Constitution protects an individual's zone of privacy. Individuals have an interest in avoiding disclosure of personal matters including information about one's body. As a result, the government cannot arbitrarily intrude into someone's medical records.
The Fourth Amendment protections for health information may, however, have changed after the Supreme Court's 2018 decision in Carpenter v. United States, which held that the Fourth Amendment protects people from warrantless searches of historical cell-site location information possessed by their cell phone providers.
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.
Blood samples, writing samples, records, phone taps, email, and every other form of physical evidence is protected by the Fourth Amendment. With a proper warrant, even confidential information such as patient records is subject to search and seizure.
Any corrected record submitted must make clear the specific change made, the date of the change and the identity of the person making that entry. Note that only the attending providerthat is, the provider who saw the patient and documented the initial note for the visit in questionmay amend the medical record.
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.
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.
As per Health Insurance Portability and Accountability Act (HIPPA), patients have the right to correct errors in their medical records, but they cannot omit anything completely. If found any mistakes, HIPAA allows the patients to request the medical staff changes and amend the document by adding extra information.
The Fourth Amendment does not apply to searches conducted by private individuals. Therefore, searches conducted by staff and employees of a private hospital are considered private searches which do not implicate the Fourth Amendment.
