Part 2: Basic Patient Rights (FAQ 35 of 65)
Right to Request Amendment
35. Are There Other Remedies if My Request for Amendment Is Denied?
Yes. You have the right to file a written statement of disagreement, and that is an important right. When a covered entity denies your request for amendment, it must tell you about this right.
The statement of disagreement gives you the opportunity to explain your side of the story. The covered entity can reasonably limit the length of the statement of disagreement, so don't plan on writing a novel-length document. We also suggest that your statement should be factual and should refrain from making personal attacks on anyone involved in the process.
The covered entity can write and circulate a rebuttal to your statement of disagreement. If it does so, it must provide you with a copy of its rebuttal.
HIPAA offers another protection even if you don't file a statement of disagreement. The rule requires a covered entity that received and denied an amendment request to append or link the record in question to the request for amendment. The purpose here is to make sure that whoever sees the disputed record will also see the request for amendment. One reason to ask to inspect or have a copy of your record is to see if the covered entity properly handled this requirement.