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Part 2: Basic Patient Rights (FAQ 33 of 65)

 

Right to Request Amendment

33. What Happens When a Covered Entity Agrees to Make an Amendment?

The covered entity that agrees to make an amendment must:

  • Make the amendment;
  • Tell the requester what it did; and
  • Make reasonable efforts to inform others about the amendment within a reasonable time.

The third requirement is most noteworthy. If you convince a covered entity to amend your record, the covered entity must tell any persons that you identify who received the original incorrect information and who need the amendment. In addition, the covered entity must notify any persons who have the information that was the subject of the amendment and who may have relied or could foreseeably rely on the information.

To make sure that amendments have been appropriately distributed, you may want to ask for an accounting of disclosures. The right to receive an accounting is explained elsewhere in this guide. (See FAQs 37-44.) What is important is that amendments be provided to those who may rely on the original incorrect information. Each patient has the right to tell a covered entity to send the amendment to anyone who received the original information and needs the information.

Be sure that any amended information that bears on your future medical treatment is shared with other providers. Information that bears on insurance and payment matters may need to be shared with insurers and, possibly, with employers. The goal is to find and eliminate any incorrect information that others have and that may affect you adversely.

It may take considerable effort to make sure that every appropriate person has the information and that those with the information correct their own records. Every covered entity must act when it receives a notice of amendment, but that doesn't mean that it will be done quickly or properly. It may be appropriate to ask each appropriate covered entity to confirm that it actually made the amendment. You may have to request a copy of your record from that covered entity to be certain.

Be aware of any Health Information Exchanges that may impact where your records are located. For example, some emergency rooms in some states exchange electronic health records through a third party called a Health Information Exchange. In Long Beach, California, the Health Information Exchange is Long Beach Network for Health. In New York, it is the New York e-Health Collaborative. Other states and regions have similar exchanges. Ask about the presence of an exchange or network so you can locate all of the copies of your records.

SIDEBAR:

There may be some strategy involved in asking for the sending of notices of correction. When you look at the accounting of disclosures, you may be surprised at the number of people that received notice of the original, incorrect information. You may not want all of them to receive the correct information. Suppose that (with your consent), your doctor reported to your employer that you were justifiably absent from work because you had the stomach flu. A later test reveals that you had a more serious illness or were pregnant. You might not want this additional information shared with your employer, but you might want another physician to know. If the correct information would affect how a covered entity might treat you, the sending the correction is the right thing to do. But you might not care about sending a correction to a physician who treated you in an emergency when you have no expectation of ever being treated there again.

 

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