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Reasons for Denial.The provider who received the amendment request had not created the original record. The record was created at another office. There is an exception if the creator is no longer available and the mistake in the record is apparent.
The covered entity may deny the request if it determines that the PHI or record that is the subject of the request: Was not created by the covered entity (unless the originator is no longer available to act on the request; 45 CFR §164.526 (a)(2)(i)
Universally, the entity may deny access if the information is not kept in the DRS for that patient. Special circumstances for PHI access denial, for example, are if the release of the information (as determined by a healthcare professional) could endanger the life or physical safety of the patient or another person.
No. A patient's record should be complete and accurate to ensure they receive appropriate care. Patients can question the content of their records, but not on the basis that it is upsetting or that they disagree with it.
Under HIPAA, patients have a right to request amendments to their medical records, but it is up to the provider to decide whether or not to do it. However, regardless of what the provider decides, they must respond to the patient's amendment request.
Proper Error Correction ProcedureDraw line through entry (thin pen line). Make sure that the inaccurate information is still legible.Initial and date the entry.State the reason for the error (i.e. in the margin or above the note if room).Document the correct information.
A patient has the right to request an amendment to his or her health record per 45 CFR §164.526 of the HIPAA Privacy Rule, and it is the policy of this organization to respond to any amendment requests in accordance with this rule.
General concerns about psychological or emotional harm are not sufficient to deny an individual access (e.g., concerns that the individual will not be able to understand the information or may be upset by it). In addition, the requested access must be reasonably likely to cause harm or endanger physical life or safety.
Any corrected record submitted must make clear the specific change made, the date of the change and the identity of the person making that entry. Note that only the attending providerthat is, the provider who saw the patient and documented the initial note for the visit in questionmay amend the medical record.
For example, a covered entity may deny an individual access if the information requested is not part of a designated record set maintained by the covered entity (or by a business associate for a covered entity), or the information is excepted from the right of access because it is psychotherapy notes or information