SECTION 450:15-3-64. Right to Request Amendment of Designated Record Set from Facilities Operated by ODMHSAS

  Except as provided herein, a consumer has a right to request an amendment of his or her health information in the designated record set from facilities operated by ODMHSAS for as long as the facility maintains the information.

(1)   A consumer shall request the amendment in writing to the health information department of the facility and provide a reason to support the requested amendment.

(2)   The facility shall have sixty (60) days to act on the request to amend the information, unless the facility sends the consumer a letter within the initial sixty (60) day period stating the time period will be extended up to an additional thirty (30) days, explaining the need and reasons for delay and providing a date by which the consumer can expect a decision.

(3)   If the facility agrees to the requested amendment, in whole or in part, it must:

(A)   Make the amendment by, at minimum, identifying the affected records and appending or otherwise providing a link to the location of the amendment;

(B)   Timely inform the consumer the amendment is accepted;

(C)   Obtain the consumer's agreement to have the facility with which the amendment needs to be shared. Relevant persons include:

(i)   Persons identified by the consumer as needing the amendment;

(ii)   Persons the facility identifies as having relied or could foresee ably rely on the unamended information previously provided to them.

(D)   Make reasonable efforts to inform and timely provide the amendment to those persons.

(4)   The facility may deny a request for amendment if it determines that one of the following reasons exists:

(A)   The information that is the subject of the request was not created by the facility, unless the consumer can provide a reasonable basis to believe that the originator of the information is no longer available to act on the requested amendment.

(B)   The information that is the subject of the request is not part of the designated record set;

(C)   The information that is the subject of the request is accurate and complete.

(5)   If the facility denies the amendment, in whole or part, it must:

(A)   Provide the consumer with a timely denial, written in plain language and including:

(i)   The basis for denial;

(ii)   Notice of the consumer's right to submit a written statement of disagreement; and instructions on how to file the statement;

(iii)   A statement that if the consumer does not submit a statement of disagreement, the consumer may request the facility provide the consumer's request for amendment and the denial with any future disclosures of the designated record set; and

(iv)   Notice that the consumer may complain about the decision to the ODMHSAS Office of Consumer Advocacy or to the U.S. Secretary of the Department of Health and Human Services;

(B)   Permit the consumer to submit a one (1) page statement of disagreement;

(C)   Provide a copy of any rebuttal prepared to the consumer;

(D)   As appropriate, identify the part of the record subject to the disputed amendment and append or otherwise link the request, the denial, and any statement of disagreement or rebuttal to the record;

(E)   For future disclosures of the designated record set, include any statement of disagreement or, in response to the consumer's request, the amendment request and the denial (or an accurate summary of either of the foregoing).

(6)   If the facility is informed by a healthcare provider or health plan, such as an insurance company, about an amendment to a consumer's information in the designated record set, the facility must amend the information in its record by, at a minimum, identifying the affected records and appending or otherwise providing a link to the location of the amendment.

(7)   The facility must document the titles of the persons or offices responsible for receiving and processing requests for amendments and maintain the list for a period of six (6) years.

[Source: Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03]