Correct the record
Ask the hospital to fix a wrong or missing entry. Name the entry, say what is wrong and keep the answer. Pick the notes and get your letter.
If the answer is no: correct the record
The office does not have to change an entry it believes is correct. You can put your side in the record.
- Step 1Ask to correct the record
Records office
Ask in writing to fix a wrong entry, saying what is wrong and what the correct entry is, with proof attached. They have 60 days to answer.
Time to ask: Hospital must act in 60 days (164.526(b)(2))
The count starts: When the office gets your request.
- Step 2They said no: add your side
Records office
They may refuse only for four reasons. The refusal letter must tell you how to add your side and how to complain.
Time to ask: No set days for statement
The count starts: The date on their letter, with no set number of days.
- Step 3Complain
Privacy office and HHS Office for Civil Rights
If they ignore these steps, complain to the hospital privacy office and to OCR within 180 days.
Time to ask: 180 days from when you knew
The count starts: The day you knew, or should have known, about the problem. Good cause can extend it.
If they agreed, asked for more time, or did not answer
- They agreed
Records office
If they agree, give them the names of who got the old record so they can be told.
Time to ask: Reasonable time
- No answer after 60 days
Entity privacy contact, then OCR
If 60 days pass without an answer or a written extension, complain to the privacy contact and OCR within 180 days.
Time to ask: OCR: 180 days from when you knew
The count starts: Day 60 (day 90 with written extension)
- Accepted amendment: who is told
Entity
If the hospital agrees to fix it, give it the names of everyone who got the wrong version so they can be told.
Time to ask: Reasonable efforts to tell people you name and recipients likely to rely on the old data
The count starts: Acceptance
- Rebuttal
Entity
The entity may answer your statement with its own. It must send you a copy and keep both together with your record.
Time to ask: Entity may write one; must send you a copy
The count starts: After your statement of disagreement
Your right, and the deadline
Under HIPAA (45 CFR 164.526) you can ask to correct or complete your record. The facility must respond within 60 days. It may take one 30-day extension, but only with written notice to you. The request can be accepted or refused under the rule. A refusal must explain the reason and how to submit a statement of disagreement.Upload your medical documentation
The rules, in full
Five steps
- Find the exact entry
Note the date, time and page, and quote the wrong words. Pick the note from your timeline below so the page is exact.
- Put the request in writing to the Privacy Officer
Send it to the facility's Health Information Management department or Privacy Officer, citing 45 CFR 164.526. Use certified mail (keep the receipt) or a portal message you save a copy of. Keep a copy of everything you send.
- They must answer within 60 days, in writing (45 CFR 164.526)
If they accept, the fix is added to your record. Tell them who else has the record. The hospital must make reasonable efforts to tell them.
- If they say no, you can add your side
You have the right to file a statement of disagreement. The disagreement is linked to the disputed record. Later disclosures of that information must include the related material or an accurate summary. The provider may also issue a rebuttal and must give you a copy.
- If they mishandle it, complain
A refusal to accept the request, a missed deadline, or a refusal of your access to the record can go to the HHS Office for Civil Rights, ocrportal.hhs.gov or 1-800-368-1019.
Write the letter yourself
Build the letter
Official sources and timing details
Source: 45 CFR 164.526.