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14.9 Individuals’ Rights to Amend PHI


An individual may amend his/her protected health information (PHI).


Amendment of PHI An individual may amend his/her PHI except as outlined below:The originator of the record is no longer available;The information the individual wishes to amend was not created by the Health Plan;The information is not part of the health information record;The information contained in the record is accurate and complete; and/orThe amended information would not be available as provided by current law.
Written Amendment RequestAll requests for amendments to PHI must be submitted to the HIPAA Privacy Officer in writing.
Time Frame for Acting Upon a Request for AmendmentsThe Health Plan will act upon the individual’s request for an amendment no later than sixty (60) days after receipt of such request. Should the Health Plan be unable to act upon the request within the sixty (60) day period, the individual will be provided with a written notice of the reasons for the delay and the date by which the Health Plan will complete such action. In no case will such extension extend beyond thirty (30) days.
Acceptance of Amendment When the Health Plan accepts the amendment, in whole or in part, the Health Plan will:Make the requested amendment(s) to the PHI or record that is subject to the amendment(s) or provide a link to the location of such amendment(s);Inform the individual that the amendment(s) are accepted and have been made;Notify persons/entities authorized by the individual that such amendments have been made and provide copies of such amendments as requested; andNotify business associates that such amendments have been made and provide copies of such amendments to business associates as requested.
Denial of Amendment Requests Should the Health Plan deny a requested amendment, in whole or in part, the Health Plan will:Notify the individual in writing of the denial to make an amendment to his/her PHI. Such denial will include the following information:The reason(s) for the denial;Information relative to how the individual may submit a written statement disagreeing with the denial;Information relative to how the individual may request that the amendment and the denial become part of the individual’s permanent records; andInformation relative to how the individual may file a complaint with the HIPAA Privacy Officer or to the U.S. Secretary of Health and Human Services.Include on all notices to the individual the name, title, and telephone number of the contact person or office designated to receive complaints.
Record RetentionA copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both.
Privacy OfficerThe Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 696-6280.
ViolationsViolations of this policy will be subject to discipline.