Psychotherapy Notes: Must Release on Demand?

Posted by DKelley on Aug. 20, 2024

Do Patients have a right to obtain clinician’s psychotherapy notes upon request?

Ans. No

Does the wife of her deceased husband (your patient) have the right to request the clinician’s psychotherapy notes?

Ans. No

Why?

Answer can be found in HIPAA’s Privacy Rule.

Psychotherapy notes receive special protection. Psychotherapy notes are personal notes of the provider that are generally not required for treatment, payment or health care operations. A patient does NOT have a right to access their own psychotherapy notes. While patients have the opportunity to request access, it is not required to oblige.

Also, if your practice receives a subpoena or court order for “all mental health records or “all psychiatric records,” you do NOT have to release psychotherapy notes unless the order specifically request “psychotherapy notes.”

The inappropriate disclosure of psychotherapy notes could lead to a HIPAA violation and the associated fines and financial penalties.

HIPAA. Privacy Rule. Psychotherapy Notes. 45 CFR 164.524(a)(1)(i).