Jill,
I think that the question revolves around who was responsible for generating and maintaining the original report (i.e., who has the master, and who has a copy).
 
If the Physical Therapist maintains his/her own records, the therapist's copy is probably the master, and thus must be where the amendment request originates (note that the hospital may still have to amend its copy at the direction of the PT [or his estate], wherever he/she is).
 
On the other hand, if the PT generates original reports that are entered and maintained as a part of the Hospital's Medical Record, I believe that the Hospital's copy would be the master even if the PT kept a copy for temporary reference.
 
I would suggest that the responsibility for maintaining records be clearly spelled out in writing regarding all entities that would be involved with such records, so that all parties know who is responsible for maintaining what.
 
The opinions expressed here are my own and not necessarily the opinion of LCMH.
 
Douglas M. Webb
Computer System Engineer
Little Company of Mary Hospital & Health Care Centers
[EMAIL PROTECTED]
 
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----- Original Message -----
Sent: Tuesday, March 04, 2003 06:32 AM
Subject: Clarification of Question re: who is the "originator" of PHI?

I meant to write:

For ex., if a patient saw a physical therapist at a certain hospital, then later asked the hospital to amend PHI written by the physical therapist but the physical therapist was no longer working there, can the hospital say "we did not create that information so we have no obligation amend it" or do they still have to amend it?

Jill Rubin, Esq.
(617)388-2404
[EMAIL PROTECTED]
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