Except as otherwise provided by law, a subject
may file a request with the custodian
to review, and to have a written
statement of additions, dissents, or objections entered into, a record
containing personally identifiable information pertaining to that subject.
However, the subject is not authorized to alter the original copy of the record
or to expand the official record of any department proceeding.
a. The subject shall send the request to
review such a record or the written statement of additions, dissents, or
objections to the custodian or to the office of policy analysis.
b. The request to review such a record or the
written statement of additions, dissents, or objections must be dated and
signed by the subject, and shall include the current address and telephone
number of the subject or the subject's representative.
Additional procedures for
protected health information.
Right to amend. A subject may request that the department
amend protected health information or a record about the subject in a
designated record set for as long as the protected health information is
maintained in the designated record set. A subject shall submit a request to
the department using Form 470-3950, Request to Amend Health Information. The
subject shall provide a reason to support the requested amendment.
(1) The department shall act on a subject's
request for an amendment no later than 60 days after receipt of the
(2) If the department is
unable to act on the amendment within 60 days, the department may extend the
due date one time, for a period not to exceed 30 days. In order to extend the
due date, the department shall provide the subject with a written statement of
the reasons for the delay and the date by which the department will complete
its action on the request. The department shall provide this written statement
within the 60-day period after receipt of the request.
Action on amendment.
grants the requested amendment, in whole or in part, the
shall comply with the following requirements.
(1) The department shall timely inform the
subject that the amendment is accepted. The subject shall identify relevant
persons with whom the amendment needs to be shared and agree to have the
department share the amendment with these persons.
(2) The department shall make the appropriate
amendment to the protected health information or record by, at a minimum,
identifying the records in the designated record set that are affected by the
amendment and appending or otherwise providing a link to the location of the
make reasonable efforts to inform and provide the amendment to:
1. Persons identified by the subject as
having received protected health information about the subject and as needing
the amendment; and
including business associates, that the department knows have the subject's
protected health information and that may have relied, or could foreseeably
rely, on the information to the detriment of the subject.
may deny a subject's request for amendment,
if the department
determines that the protected health information or record
that is the subject of the request:
not created by the department, unless the subject provides a reasonable basis
for the department to find that the originator of the protected health
information is no longer available to act on the requested amendment;
(2) Is not part of the designated record
Would not be available for
inspection under rule
(4) Is accurate and
Action on denial of amendment.
If the department
denies the requested
amendment, in whole or in part, the department
shall provide the subject with a
timely, written denial.
submit to the department
a written statement of disagreement with the denial of
all or part of a requested amendment and the basis of the disagreement, in
as amended to August 14,2002. The
shall submit the statement of disagreement by filing an appeal request
under subrule 9.14(7). The appeal request constitutes the statement of
shall prepare a written rebuttal to the subject's statement of disagreement, in
as amended to August 14, 2002. The
appeal decision constitutes the rebuttal statement. The department
provide a copy of the appeal decision to the subject who submitted the appeal
Record keeping of disputed amendments. The department shall, as
appropriate, identify the record or protected health information in the
designated record set that is the subject of the disputed amendment. The
department shall append or otherwise link the subject's request for an
amendment, the department's denial of the request, and the subject's appeal and
the final decision, if any, to the designated record set.
Future disclosures regarding
(1) If an
appeal has been submitted by the subject, the department shall include the
material appended in accordance with paragraph 9.6(2) '/" or, at the election
of the department, an accurate summary of the information, with any subsequent
disclosure of the protected health information to which the disagreement
(2) If the subject has not
submitted an appeal, the department shall include the subject's request for
amendment and its denial, or an accurate summary of the information, with any
subsequent disclosure of the protected health information only if the subject
has requested this action.
a subsequent disclosure is made using a standard transaction that does not
permit the additional material to be included with the disclosure, the
department may separately transmit the material required by subparagraph 9.6(2)
"g"(l) or (2) , as applicable, to the recipient of the standard
Actions on notices of amendment. When the department is informed by
another covered entity of an amendment to a subject's protected health
information, the department shall amend the protected health information in
designated record sets as provided by subparagraph 9.6(2)