An individual has the right to request that PHI about him or her be amended. A physician may deny this request if the physician believes the information is accurate and complete or if the information was not created by the physician (it’s someone else’s records). You may require that the amendment request be in writing. You must act on the request within sixty (60) days (this may be extended an additional thirty (30) days if you give the patient a written explanation of why you need more time.)

If you agree to the amendment request, then you should identify which records are affected and then append the amendment. If you agree to this amendment of the records, you must make a reasonable effort to provide this amendment to anyone who has already received a prior copy of the PHI.

If you deny the request, you must give the individual a written denial spelling out the reasons for the denial. This may be merely a statement that you believe that the information is accurate and complete. You must tell the patient they have a right to file a written statement of disagreement in the record. You may file a rebuttal statement in the record. You must inform the patient that they have a right to complain either to the Privacy Officer in your office or to the Secretary of Health and Human Services (HHS) and you must give them the Secretary of Health and Human Services’ address. If you deny the request to amend the record, and no statement of disagreement is filed by the patient, you must tell the patient that they may request, in writing, their initial request for record amendment and the denial to be included in any future disclosures of the PHI the patient asked to amend.

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