Health Information Management

HIPAA Q&A: Old records request

HIPAA Weekly Advisor, November 23, 2009

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Q. I’ve been receiving requests for amendments resulting from records generated prior to April 2003. 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.

A covered entity may deny a request for amendment if the PHI:

  • 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

Editor’s note: Mary D. Brandt, MBA, RHIA, CHE, CHPS, answered this question. This is not legal advice. Consult your attorney regarding legal matters.



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