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Texas Behavioral Health
How a Texas Consumer May Request Health Care Records
Under Texas Health & Safety Code §§ 181.102–181.104 and HIPAA, consumers have the right to access their protected health information.
Step-by-Step Instructions
1. Identify the Covered Entity
This may include a physician, therapist, counselor, clinic, hospital, or behavioral health practice.
2. Submit a Written Request
o Requests may be submitted by mail, email, fax, secure portal, or in person, depending on the provider’s procedures.
o The request should include:
Full legal name
Date of birth
Dates of service requested
Specific records requested (e.g., intake, progress notes, assessments)
Preferred delivery method (secure email, portal, mail)
Signature and date
3. Provide Identification if Requested
The provider may request a valid photo ID to verify identity.
4. Timeline for Response
o The provider must respond no later than 15 business days after receiving the request.
o If records cannot be produced within that timeframe, the provider must notify the consumer in writing.
5. Fees
o Providers may charge reasonable, cost-based fees for copies ($0.25 per page), but may not deny access due to inability to pay.
6. Denial of Access
o If access is denied, the consumer must receive a written explanation stating the reason and outlining appeal rights.
How to Contact the Disciplinary or Licensing Authority
Consumers may contact the appropriate Texas licensing authority if they believe a provider has violated professional standards or patient rights.
Identify the Correct Authority
• Licensed Professional Counselors, LMFTs, Psychologists, Social Workers
→ Texas Behavioral Health Executive Council
Website: bhec.texas.gov
• Physicians and Psychiatrists
→ Texas Medical Board
Website: tmb.state.tx.us
• Hospitals, Facilities, and Certain Health Programs
→ Texas Health and Human Services
Website: hhs.texas.gov
Steps to File a Licensing Complaint
1. Visit the appropriate agency’s website.
2. Locate the “File a Complaint” or “Enforcement” section.
3. Complete the online complaint form or download and submit the paper form.
4. Attach supporting documentation if available (emails, billing statements, written correspondence).
5. Submit the complaint and retain confirmation for records.
How to File a Consumer Complaint Under Texas Health & Safety Code § 181.103
Section 181.103 allows consumers to file complaints regarding improper use or disclosure of protected health information.
Option A: File a Complaint with the Texas Attorney General
1. Contact the Texas Attorney General – Consumer Protection Division
→ Texas Attorney General Consumer Protection Division
Website: texasattorneygeneral.gov
2. Submit a complaint detailing:
o Name of the covered entity
o Description of the alleged privacy violation
o Dates and circumstances
o Copies of relevant documentation
3. The Attorney General may:
o Investigate the complaint
o Seek civil penalties
o Require corrective action
Option B: File a HIPAA Complaint with the Federal Government
Consumers may also file a complaint with:
→ U.S. Department of Health and Human Services Office for Civil Rights
Timeline:
• Complaints must generally be filed within 180 days of the alleged violation.
Process:
1. Submit the complaint online or by mail.
2. Include detailed information about the violation.
3. OCR may investigate, require compliance, or impose penalties.
Summary for Consumer Disclosures
Texas consumers have the right to:
• Access their health records promptly
• Report licensed providers to regulatory boards
• File privacy complaints with the Texas Attorney General and federal authorities
Including these instructions in client-facing materials supports transparency, informed consent, and regulatory compliance.