Patient’s Guide to HIPAA – Basic Rights: Are There Other Remedies if My Request for Amendment Is Denied?
You are reading the Patient’s Guide to HIPAA, FAQ 35 .
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FAQ 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 prepare 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 your request for amendment if you ask it to do so. The purpose here is to make sure that whoever sees the disputed record will also see the request for amendment. If you ask for a change and it is denied for a good reason, you may not want to ask that your request be shared. However, if you still disagree and you want others to know your views, then you should ask. One reason to ask to inspect or have a copy of your record is to see if the covered entity properly handled this requirement.
Roadmap: Patient’s Guide to HIPAA: Part 2: Basic Patient Rights: Right to Request Amendment (FAQ 35 of 65)