HOW TO REQUEST RECORDS

Texas law requires that requests for mental health records be in writing.  In order to obtain your records from Toolbox Psychological Services PLLC, please do the following:

  • Send a secure text message using your Spruce app stating, “REQUEST FOR RECORDS”  OR email dr.riveraperez@toolboxpsychological.com (do not include confidential information), OR mail to 16225 Park Place, suite 500, Houston TX 77084. The most efficient ways to request records are via the Spruce app or email.

  •  Please be sure to include the records you want, and the name, address, and/or e-mail address of the intended recipient. You will be contacted to verify your request, asked to complete our HIPAA-compliant authorization for release of records (Toolbox Psychological Services Release of Information) and send it to us through the TherapyNotes patient portal, our electronic health records system. 

  •  If the records are to be used in litigation, please include case information, such as the cause number, title, and court where the case is pending.

  •  If you need a Business Records Affidavit, please let us know in your request for records.  There is a $15 charge for providing a Business Records Affidavit.  No Affidavit will be provided unless the fee is paid.

  •  The fee to provide you with records in paper format is $25 for the first twenty pages and $.50 per page for every copy thereafter. The fee to provide you with records in electronic format is $25 for 500 pages or less; $50 for more than 500 pages. The fee will be collected via the TherapyNotes portal using your payment method in record. You may need to upload a payment method to the portal if one is not available. Please note that Texas law does not require us to provide records until the fee is paid.

  •   If you are requesting a copy of couples counseling records, family counseling records, or records for a person who is not yourself or your child, state and federal law require that you provide either a Court Order or an Authorization signed by the person (or parent of the person) whose records you are requesting.  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 the disclosure of confidential counseling and billing records or “Protected Health Information” (PHI) under the Health Insurance Privacy and Portability Act Privacy Rule (HIPAA), 45 C.F.R. Chapter 164.  

 For medical/hospital/mental health records or information that are requested or subpoenaed in litigation (including court testimony), HIPAA allows a covered entity (such as Toolbox Psychological Services PLLC) to disclose PHI in the course of any judicial or administrative proceeding as follows:

 (1)  In response to an order of a court or administrative tribunal; or

(2)  Where the individual (or parent) is a party to the proceeding, he/she knows that the request for his/her PHI has been made, and does not object.

 45 C.F.R. §164.512(e).  An Authorization from the individual or parent is the kind of document that will satisfy the second option.

 NOTE:  If the client or parent has indicated that they do not want their records released, a “Statement of Assurance” will not be accepted, and an Authorization or Court Order will be required.

 

HOW TO CONTACT BHEC AND THE AG’S OFFICE FOR COMPLAINTS

 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 my 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