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Originally Posted by justbreathe1994
Does anyone know if Ts are legally obligated to provide their notes in certain US states? And if so, which ones?
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I think this is an important question.
This looks like a good source:
Individual Access to Medical Records: 50 State Comparison | Health Information & the Law
Comparative map that shows the medical record access requirements for all 50 states plus DC. It indicates which is stronger--states or HIPAA, but you may have to look at the state links, which provide summary law, for guidance on psychotherapy notes.
For example, here is Oregon law (same as HIPAA):
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A patient or his or her personal representative has the right to request access to all or part of the patient's protected health information in the medical record of any licensee of the Oregon medical board. Within a reasonable time, but in no case more than thirty days after receiving the request, the licensee must permit the patient or representative to inspect the record, or must provide a copy of the record. A licensee may substitute a summary for the actual record only if the patient agrees. A licensee may withhold the following:
-Information obtained from someone other than a healthcare provider under a promise of confidentiality if access to the information would likely reveal the source of the information;
-Psychotherapy notes;
-Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and
-Information for any other reason specified by federal regulation.
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Or. Admin. R. 847-012-0000 - Patient?s Access to Medical Records | Health Information & the Law
New Mexico (preempted by HIPAA):
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Psychotherapy notes must be kept separate from a patient’s medical record and can be withheld from the patient. The patient has no right to read, amend or have access to psychotherapy notes. Release of the psychotherapy notes to another physician requires the explicit consent of the patient.
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Release of Medical Records ? N.M. Code R. § 16.10.17.8 | Health Information & the Law
In states that aren't prohibitive, a therapist can simply have a set of notes they don't share with anyone and no one would even know about it.
I personally wouldn't see a therapist who puts information about my sessions into a computer.