Requesting Mental Health Records

Your Right to Access Records

Under the Health Insurance Portability and Accountability Act (HIPAA) and Texas Health & Safety Code, you have the right to request access to your mental health records maintained by our practice.

This may include records related to:

• Intake and assessment

• Diagnosis and treatment planning

• Progress notes and session summaries

• Correspondence related to your care

Psychotherapy notes, as defined by HIPAA, are notes maintained separately from the medical record. HIPAA does not provide a general right of access to psychotherapy notes. Requests involving psychotherapy notes will be handled in accordance with applicable state and federal law.

How to Request Records

All requests must be submitted in writing and signed by the client or the client’s legally authorized representative.

Your request must include:

• Client’s full legal name

• Date of birth

• Specific records requested (including date range, if applicable)

• Where and how the records should be sent

• Signature and date

Requests that are incomplete may delay processing.

Verification of Identity

To protect client confidentiality, we take reasonable steps to verify the identity and authority of anyone requesting records. Depending on the circumstances, additional identifying information or documentation may be requested. Verification requirements will not be used in a way that unnecessarily delays or creates a barrier to lawful access.

Submission Methods

Written requests may be submitted via:

• Secure client portal

• Secure email

• Fax

• U.S. Mail

Please contact our office if you need assistance determining the appropriate submission method.

Processing Time

Under Texas Health & Safety Code § 611.008, we will respond to a written request for mental health records as promptly as circumstances require, but no later than 15 days after we receive the request. If the requested information does not exist or cannot be located, we will notify you within the applicable time period.

Fees

A reasonable, cost-based fee may apply when copies of records are requested. For requests governed by HIPAA, fees are limited to costs permitted by federal law, such as certain copying costs, supplies, postage when applicable, and preparation of a summary or explanation if requested and agreed to in advance.

We do not charge for searching for or retrieving records. If a fee will apply, we will provide an approximate amount before completing the request.

Release to Third Parties

If you would like records sent directly to another healthcare provider, attorney, school, or other person or organization, please provide a written and signed request identifying:

• The records or information to be sent
• The person or organization receiving the records
• Where the records should be sentIn some circumstances, a separate 

Authorization for Release of Information may be required. If so, we will provide the appropriate form.

Clinical Review and Limitations

Access to records may be limited or denied only when permitted by applicable law.

Under Texas law, a licensed professional may deny access to a portion of a mental health record if the professional determines that releasing that portion would be harmful to the client’s physical, mental, or emotional health. When access is denied under Texas law, the denial must be documented and communicated to the client in writing as required by law.

HIPAA also permits denial of access in certain limited circumstances and, depending on the basis for the denial, may provide a right to have that decision reviewed by another licensed healthcare professional.

When only part of a record is subject to a lawful denial, access to the remaining portions will be provided as required by law. Texas law also permits another professional selected by the client to examine and copy certain withheld records when that professional is treating the client for the same or a related condition.

Records for Minors

For minor clients, access to records depends on applicable Texas and federal law, who has legal authority to act on behalf of the minor, and the circumstances under which the minor received services. Parents or guardians often have access to information contained in a minor’s medical record, but exceptions may apply. Requests involving minors will therefore be reviewed individually.

Questions or Assistance

If you have questions about requesting records or need help completing the required documentation, please contact our office. We are committed to making this process clear, respectful, and supportive while maintaining the highest standards of care and confidentiality.

For questions or instructions on securely submitting a records request, contact Marc Geronimo at marc@austinct.com