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Part 2: Basic Patient Rights (FAQ 29 of 65)

 

Right to Request Amendment

29. How Do I Make a Request for Amendment?

One way to start is by obtaining a copy of the notice of privacy practices. You may already have a copy. If not, each HIPAA covered entity must provide a copy of its notice to anyone who asks for one. In addition, a copy should be available on the website of each covered entity (if the covered entity has a website). The notice of privacy practices describes your rights, including your right to ask for an amendment. The covered entity's notice will tell you where to submit your request for amendment.

You might be asked to write a letter or fill out a form to make your request for amendment. You might be asked to tell the record keeper what information is wrong or is not about you. You may have to explain why you want the amendment.

When you make a request, the covered entity must act on your request within 60 days. The entity can take an additional 30 days to act if it provides you with a written explanation of the delay.

SIDEBAR:

It is hard to object to the formality of the amendment process allowed by the rule. We hope, however, that covered entities don't use it inappropriately. If you want to report a change of address or corrected telephone number to your family doctor, you should be able to tell the provider or the provider's receptionist without any formality. A covered entity can ask for a written request, but it doesn't have to do so. If someone in a doctor's office who knew us said that we had to write a letter to change an incorrect telephone number, we would complain to a supervisor or physician. But if you are not known to the provider, it might not be unreasonable if the provider first asked you to show identification. Changing an address is one way that medical identity thieves try to hide the trail of their activities.

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