50-16-543. Request for correction or amendment. (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 the provider has access under 50-16-541.
(2) As promptly as required under the circumstances but no later than 10 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 and of the patient's right to have the correction or amendment sent to previous recipients of the health care information in question;
(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 21 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, the reason for the refusal, and the patient's right to add a statement of disagreement and to have that statement sent to previous recipients of the disputed health care information.
History: En. Sec. 15, Ch. 632, L. 1987; amd. Sec. 1825, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 16. Health Care Information
Part 5. Uniform Health Care Information
50-16-502. Legislative findings
50-16-503. Uniformity of application and construction
50-16-505. Limit on applicability
50-16-506. through 50-16-510 reserved
50-16-511. Duty to adopt security safeguards
50-16-512. Content and dissemination of notice
50-16-513. Retention of record
50-16-514. through 50-16-520 reserved
50-16-521. Health care representatives
50-16-522. Representative of deceased patient
50-16-523. and 50-16-524 reserved
50-16-525. Disclosure by health care provider
50-16-526. Patient authorization to health care provider for disclosure
50-16-528. Patient's revocation of authorization for disclosure
50-16-529. Disclosure without patient's authorization based on need to know
50-16-530. Disclosure without patient's authorization
50-16-531. Immunity of health care providers pursuant to written authorization -- form required
50-16-532. through 50-16-534 reserved
50-16-535. When health care information available by compulsory process
50-16-536. Method of compulsory process
50-16-537. through 50-16-539 reserved
50-16-540. Reasonable fees allowed
50-16-541. Requirements and procedures for patient's examination and copying
50-16-542. Denial of examination and copying
50-16-543. Request for correction or amendment
50-16-544. Procedure for adding correction, amendment, or statement of disagreement
50-16-545. Dissemination of corrected or amended information or statement of disagreement