Patient’s Guide to HIPAA

Patient’s Guide to HIPAA – Basic Rights: Are There Any Other Requirements for the Right to Receive a Confidential Communication?

Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Confidential Communications (FAQ 28 of 65)

A plan or provider can condition the accommodation on the patient providing an alternative address or means of contact for information about how payment will be handled. This means that you can’t ask someone to send all bills to the White House unless you are the President.

Patient’s Guide to HIPAA – Basic Rights: How Do I Make a Request for Amendment?

Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Amendment (FAQ 29 of 65)

Start 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.

Patient’s Guide to HIPAA – Basic Rights: Can I Ask that Incorrect Information be Removed From My File?

Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Amendment (FAQ 30 of 65)

Yes, but it may not be that easy. A HIPAA-covered entity does not necessarily have to remove incorrect information. It can mark the information as incorrect and add additional notes that show the correct information.

Patient’s Guide to HIPAA – Basic Rights: What Other Limits Are There on the Right to Seek Amendment?

Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Amendment (FAQ 31 of 65)

A covered entity does not have to amend a record that it considers accurate and complete. It does not have to amend a record that is not available for inspection by you under the access provision.

Patient’s Guide to HIPAA – Basic Rights: Do I Have Greater Amendment Rights under State Laws, other Federal Laws, or Hospital Policies?

Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Amendment (FAQ 32 of 65)

Maybe. Some states have health privacy laws that provide greater rights of amendment. If your records are held by the federal government (e.g., Medicare, VA, or Indian Health Service), your rights to ask for amendment of records under the Privacy Act of 1974 may be greater than under HIPAA. These two sets of privacy rules overlap, and you are entitled to the best parts of both laws. Not only may other laws provide patients with better amendment rights than HIPAA, but they may offer better remedies and clear causes of action in case you have to sue to correct records.