Patient’s Guide to HIPAA – Basic Rights: Do I Have Greater Amendment Rights under State Laws, other Federal Laws, or Hospital Policies?
You are reading the Patient’s Guide to HIPAA, FAQ 32 .
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FAQ 32: Do I Have Greater Amendment Rights under State Laws, other Federal Laws, or Hospital Policies?
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.
Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Amendment (FAQ 32 of 65)