Q&A: Amendments to records generated prior to April 2003
Compliance Monitor, July 22, 2009
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Q: I’ve been receiving requests for amendments resulting from records generated prior to April 2003 (the date the HIPAA privacy rule went into effect). Am I required to honor these requests?
A: The privacy rule does not set a deadline for amendment requests. Instead, individuals have the right to request amendments to PHI in a designated record set for as long as the covered entity maintains the information. As a covered entity, you are not required to agree to the request for amendment.
- Was not created by the covered entity (unless the originator is no longer available)
- Is not part of a designated record set
- Was not available for inspection
- Is accurate and complete
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