Montana Code 50-16-543. Request for correction or amendment
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.
Terms Used In Montana Code 50-16-543
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Health care: means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body. See Montana Code 50-16-504
- Health care information: means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. See Montana Code 50-16-504
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-504
- Patient: means an individual who receives or has received health care. See Montana Code 50-16-504
- Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Montana Code 50-16-504
- Writing: includes printing. See Montana Code 1-1-203
(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.