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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