Who has the right to request an amendment?

A key part of the HIPAA Privacy Rule is your patients’ right to amend their own medical records. This allows them to correct errors and improve the accuracy of their health data. Let’s look at an overview of your main responsibilities when a patient asks to amend their protected health information (PHI).

What rights do patients have to amend their PHI?

As long as your organization maintains a patient’s information, the patient has the right to request that you make changes to (or amend) their information in a designated record set. Your organization is responsible for responding to the amendment request.

You may require patients to make their requests in writing and provide a reason for the amendment. If you do, make sure your patients know this requirement.

Who has the right to request an amendment?

How do you amend a patient’s records?

When you agree to an amendment request, first notify the patient that you accepted and have them identify and agree to have you notify other parties that need to be informed of the amendment.

After you amend the information in a designated record set, also identify other records that are affected by the change and update or link the data as needed.

Then you must notify any business associates who may rely on the data, letting them know you made the change. You must also make a timely and reasonable effort to let others in the network know about the amendment, as the patient identifies them, because those covered entities must also make the amendment.

What timeframe do you have to amend a patient’s records?

Your organization must act on requests no later than 60 days after receiving them. If you’re unable to act on the request within that time frame, you can give yourself a 30-day extension.  If you take the extension, make sure you send a letter to the patient explaining the delay and the date that you will complete the request.

When can you deny a patient the ability to amend their PHI?

You may deny an amendment request only in the following circumstances:

  1. The record was not created by your organization.
  2. The record is not part of the designated record set (your organization doesn’t have the records).
  3. The record would not be available for inspection (see Right of Access).
  4. Your organization has determined that the record is complete and accurate.

If you deny an amendment, you must promptly notify the patient in writing. This statement must include:

  1. Your reason for denying the amendment
  2. The patient’s right to submit a statement disagreeing with the denial and how they can submit it
  3. A statement that explains that, if the patient does not submit a statement of disagreement, they may still request that your organization provide their requested amendment and the denial with any future disclosures of PHI that is subject to the amendment
  4. An explanation of how the patient may file a complaint to your organization

The patient may provide a statement disagreeing with the denial of the amendment. You then have the option to provide a rebuttal statement to the patient’s statement of disagreement.

Make sure you keep a copy of the process. This will include identifying the disputed record and attaching to it the patient’s amendment request, your denial of the amendment, the patient’s statement of disagreement, your rebuttal, and any other communications.

How does a denial impact future disclosures?

If the patient submitted a statement of disagreement following a denial, your organization must include all related materials or a summary of the dispute with any future disclosures of PHI related to the disputed record.

If the patient did not submit a statement of disagreement, they may still ask that you include their request for amendment and your organization’s denial (or a summary of the dispute) with all future disclosures of the PHI.

In Summary

Having complete and accurate records benefits both your organization and your patients. That’s why HIPAA grants patients the right to ask their providers to change information in their records. Make sure you and your staff know how to respond appropriately to these requests.

READ MORE: Patient Rights Explained: HIPAA Right of Access

You should ensure data accuracy by verifying all information before submission. If there are errors in employee ID, income and deduction amounts or fields that affect the amount that was submitted, you must submit amendment files immediately.

The steps to submit amendment records are the same as submitting original records.

For changes to employees' personal particulars such as nationality, date of birth, etc, amendment files are not required. Email us the changes via myTax Mail (Businesses > Employers > Auto-Inclusion Scheme (AIS)) instead.

How to prepare amendment files

  • Only prepare the affected employees' records
  • Provide the difference in amounts (see examples below)
  • Leave other numeric fields not affected by the error blank
  • If the amendment for the appendices (IR8S, Appendix 8A/8B) affects the figures submitted for Form IR8A, an IR8A amendment file must be submitted as well

Example 1: Previous income reported is lower

Employer has reported the income lower than the actual income earned.

Actual salary earned= $25,000

Original submission = $21,000

Submit amendment file with salary amount as "$4,000".

Example 2: Previous bonus reported is higher

Employer has reported the bonus amount higher than the actual bonus received.

Actual bonus received = $6,000

Original submission = $8,000

Submit amendment file with bonus amount as "-$2,000".

View the Amendment Guide (PDF, 1.18 MB) to learn how to prepare amendment files for the different scenarios.

Notify employees of amendments

The amended amount will be updated as auto-included employment income when the amendment records have been successfully processed.

You should inform the affected employees to proceed to file their tax return even if the amended details are not reflected at myTaxPortal. The amended amount will be reflected in their Notice of Assessment.

FAQs

How to submit the arrears payments?

Create a separate file for each basis year for which the arrears payments were made and reflect the amounts under the respective type of payment, e.g. employment income, allowance, etc. Do not include arrears payments in the current year's file.

Example: Director's Fees

The director is entitled to the director's fees on the date the fees are voted and approved at the company's AGM/EGM of that calendar year.

For example, director's fees voted for and approved at a company's AGM/EGM on 30 Jun 2020 should be declared in Form IR8A for the year ended 31 Dec 2020.

If your company held more than 1 meeting during the calendar year to approve payments of director's fees for the same financial year, enter the date of approval of the latest meeting held.

How do I submit amendments to Appendix 8B?

Example 1: Incorrect exercise price

If the exercise price (or market value) was $10.22, but only $8.22 was submitted for the 100 shares exercised.

To amend:

  1. Input "-100" shares with the exercise price (or market value) of $8.22 to offset the wrong entry
  2. Input 100 shares with the exercise price of $10.22

Example 2: Incorrect date of exercise

If the error was only on the day and/or month of the date of exercise, you do not have to submit an amendment file. Inform IRAS of the incorrect date and the list of affected employees at myTax Mail (select Businesses > Employers > Auto-Inclusion Scheme (AIS)).

If the error was on the year of exercise, you have to submit 2 amendment files.

If the date of exercise was 3 Jan 2021, but 3 Jan 2020 was submitted for the 50 shares exercised at $2.33.

To amend:

  1. In the first file, input "-50" shares with the exercise price of $2.33 to offset the wrong entry submitted under the YA 2021 (income derived in 2020)
  2. In the second file, input 50 shares with the correct exercise date of 3 Jan 2021 to be submitted under the YA 2022 (income derived in 2021)

Example 3: Incorrect date of grant

If the date of grant is 3 Jan 2021, but was incorrectly submitted as 3 Jul 2021 for 50 shares exercised at $2.33.

To amend:

  1. Input "-50" shares with the exercise price of $2.33 to offset the wrong entry
  2. Input 50 shares with the correct date of grant of 3 Jan 2021

Example 4: Incorrect particulars of company

If the UEN and Name of Company that offered the stock option was given wrongly in the previous submission.

To amend:

  1. Enter the same information as per previous submission with negative sign for number of shares under the wrong name and ID of the company
  2. Enter the correct UEN and Name of Company and all the relevant information

Example 5: Incorrect type of plan

If the Type of Plan was ESOP but ESOW was entered for the previous transaction.

To amend:

  1. Enter the same information as per previous submission with negative sign for number of shares under the ESOW
  2. Enter the correct ESOP and all the relevant information

Example 6: Incorrect number of shares

If the number of shares exercised was 200, but 20 shares was entered for the previous submission.

To amend:

Enter the variation of "180" shares. (200 -20 = 180)

If the number of shares exercised was 300, but 340 shares was entered for the previous submission.

To amend:

Enter the variation of "-40" shares. (300 - 340 = -40)

What is a chart amendment?

A Medical Record Amendment is: A change, edit or update of medical record information requested by the patient when they feel the information documented is incorrect. If: Information in your medical record is out of date, such as: ➢ A medication you are no longer on or.

What does Phi best stand for?

PHI stands for Protected Health Information. The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.

How many days does a covered entity have to respond to an individual's request?

Under the HIPAA Privacy Rule, a covered entity must act on an individual's request for access no later than 30 calendar days after receipt of the request.

Which types of PHI are considered super confidential under Hipaa or Florida law?

Health information containing mental health information, psychotherapy notes, HIV/AIDS-related information, sexually transmitted disease information, and genetic information (“super- confidential” PHI) is afforded special protections under state and federal laws that are more stringent than HIPAA.