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Mont. Code Ann. § 50-16-543

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Request for correction or amendment

The requirements do not apply to health care providers or facilities that are not considered covered entities under HIPAA. 

A patient may submit a written request to a health care provider (including a health care facility) to correct or amend its record of the patient’s health care information. As promptly as required under the circumstances, but no later than 10 days after receiving the request, the provider must take one of the following actions:

  • Make the requested change and inform the patient of this action and of his/her right to have the change sent to previous recipients of the information;
  • If the record no longer exists or cannot be found, inform the patient;
  • If the provider does not maintain the record, inform the patient and provide the name and address of the person who does maintain the record, if known;
  • If the record is in use or unusual circumstances delay the handling of the request, inform the patient and specify in writing the earliest date (not later than 21 days after receiving the request), when the change will be made or the request will otherwise be handled; or
  • If the provider refuses to make the requested change, inform the patient in writing, including 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 information.

Current as of June 2015