Policy
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If CHS denies a requested amendment, in part or whole, the following requirements will be met:
- CHS will provide the individual with a timely written response. The denial will contain:
- The basis for the denial;
- The individual�s right to submit a written statement disagreeing with the denial and that the denial needs to be sent to the Privacy Officer of CHS;
- A statement that if the individual does not submit a statement of disagreement, the individual may request that CHS provide the request for amendment and the denial with any future disclosures of PHI that is the subject of the amendment; and
- A description of how the individual may complain to CHS as described in this manual or to the Secretary of Health and Human Services. This section will include the name or title of the individual to receive such complaints, and the phone number of the contact person.
- CHS will permit the individual to submit a written statement disagreeing with the denial of all or part of an amendment and the basis of the disagreement provided that it not exceed one business size piece of paper.
- CHS may prepare a rebuttal statement to the individual�s letter of disagreement. If prepared, CHS must send a copy to the individual.
- CHS will record within the medical record, the PHI that is the subject of the disputed amendment and either append or provide some link between the PHI, the individual�s request for amendment, the CHS denial and the individual�s statement of disagreement, if there is one, and the CHS rebuttal, if any, and the designated record set.
Future disclosures
If a statement of disagreement has been submitted, CHS must include the material appended or an accurate summary of such information with any subsequent disclosure of PHI to which the disagreement applies.If the individual has not submitted a written statement of disagreement, CHS will include the individual’s request for amendment and its denial or an accurate summary of such, with any subsequent disclosures of the PHI only if the individual has requested such action.
When a subsequent disclosure is made using a standard transaction that does not permit the additional material to be included with the disclosure, CHS may separately transmit the material required as applicable to the recipient of the standard transaction.
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