Texas law requires that requests for mental health records be made in writing. To obtain your records, please follow the steps below:

Submit a written request

Via Email Email your written request and completed Authorization form to your therapist

Subject line: “REQUEST FOR RECORDS”

Additional requirements (if applicable):

Litigation-related records If records are requested for use in litigation,

please include:

Cause number

Case title

Court where the case is pending

Business Records Affidavit

If you require a Business Records Affidavit, indicate this in your request

Fee: $25

Affidavits will not be provided until payment is received

Records fee

Fee for providing records: $25 for electronic records

Accepted payment methods: credit or debit cards

Texas law does not require records to be released until fees are paid

Couples or third-party records If you are requesting:

Couples counseling records

Records for anyone other than yourself

State and federal law require either:

A valid Court Order, or

An Authorization signed by the individual (or parent/legal guardian)

Relevant law: 45 C.F.R. §164.512(e); Texas Health & Safety Code §§611.004, 611.0045, 611.008

Instructions for Attorneys and Document Companies

A subpoena alone is not sufficient to compel disclosure of confidential counseling or billing records, or other Protected Health Information (PHI), under HIPAA (45 C.F.R. Chapter 164). For mental health or medical records requested or subpoenaed in litigation (including testimony), HIPAA permits disclosure only under the following circumstances:

In response to a valid court or administrative tribunal order, or 2. When the individual (or legal guardian):

Is a party to the proceeding

Has notice that the PHI has been requested

Does not object to the disclosure

An Authorization from the individual satisfies this requirement. Relevant law: 45 C.F.R. §164.512(e)

Important Note. If the client has indicated that they do not consent to release of records:

A “Statement of Assurance” will not be accepted

A valid Authorization or Court Order will be required

How to File a Complaint

You have a right to have your complaints heard and resolved in a timely manner. If we cannot work things out to your satisfaction, you may file a complaint with our licensing

board:

Texas Behavioral Health Executive Council

1801 Congress Avenue, Suite 7.300

Austin, TX 78701

Telephone: 1-800-821-3205

Link to Complaint Form: http://www.bhec.texas.gov/wp-content/uploads/2020/07/BHEC-Complaint-Form.pdf.

If you have a complaint concerning the HIPAA Privacy Regulations, you may contact the U. S. Department of Health and Human Services, Office for Civil Rights, at: OCRMail@hhs.gov.

If you believe that you have a Consumer Complaint regarding the privacy and security of your health information, you may contact the Texas Office of the Attorney General and file a consumer complaint by clicking this link:

https://www.texasattorneygeneral.gov/consumer-protection/health-care/patient-privacy

Good Faith Estimates & Notice of Compliance with the “No Surprises Act” 

Under the "No Surprises Act," healthcare providers need to give clients/patients who don’t have insurance or are not using insurance an estimate of the bill for their medical items/services. The Good Faith Estimate (GFE) will explain in detail what to expect regarding the cost of your medical/mental health care. Some of your rights under this law are detailed below:

• You have the right to receive a GFE for the total expected cost of any non-emergency items or services. This includes related costs like medical tests, prescription drugs, equipment, and hospital fees.

• Make sure your health care provider gives you a GFE in writing at least 1 business day before your medical service or item. You can also ask your healthcare provider, and any other provider you choose, for a GFE before you schedule an item or service.

• If you receive a bill that is at least $400 more than your Good Faith Estimate, you can dispute the bill.

• Make sure to save a copy or picture of your Good Faith Estimate.

  For questions or more information about your right to a Good Faith Estimate, visit www.cms.gov/nosurprises or call 1-800-985-3059.

Note: This law does not currently apply to any clients who are using insurance benefits, including "out of network benefits'' (i.e., submitting Superbills to insurance for reimbursement).