– HOW TO CORRECT ERRORS IN YOUR MEDICAL RECORD
There are two statutes that help guide how to handle correcting errors that you have found in your medical records. One is a State statute, RCW 70.02.100. The other is the Federal HIPPA law. Your records may be governed by one or the other of these laws, depending upon the medical provider you are working with.
Correction or amendment of record.
(1) For purposes of accuracy or completeness, a patient may request in writing that a health care provider correct or amend its record of the patient’s health care information to which a patient has access under RCW 70.02.080.
(2) As promptly as required under the circumstances, but no later than ten days after receiving a request from a patient to correct or amend its record of the patient’s health care information, the health care provider shall:
(a) Make the requested correction or amendment and inform the patient of the action;
(b) Inform the patient if the record no longer exists or cannot be found;
(c) If the health care provider does not maintain the record, inform the patient and provide the patient with the name and address, if known, of the person who maintains the record;
(d) If the record is in use or unusual circumstances have delayed the handling of the correction or amendment request, inform the patient and specify in writing, the earliest date, not later than twenty-one days after receiving the request, when the correction or amendment will be made or when the request will otherwise be disposed of; or
(e) Inform the patient in writing of the provider’s refusal to correct or amend the record as requested and the patient’s right to add a statement of disagreement.
See 45 C.F.R. §§ 164.508, 164.524 and 164.526, and OCR’s Frequently Asked Questions.