“Psychotherapy Notes" are only for the therapist's reference. Anything kept with the patient's records are fair game for the patient and are accessible by federal law. - Simcha.

Not true about psychotherapy notes as therapist's reference only.

The stuff I posted specifically defines T's therapy notes as relates to HIPAA and defines them as regulated by HIPAA—relating to third-parties and patients, but that HIPAA doesn't grant patient access rights. As I noted state's can grant patient’s access rights, and if those allow for greater patient access than HIPAA, then state law supercedes HIPAA. It’s stated in what I quoted-APA explanations specifically relating to therapy records.

The part about T notes not being separate applies only if T does keep them separate--which is what APA counseled that T's do.

It’s in HIPAA and as under APA's interpretation of what they recommend, which is why I posted the direct language.

It is possible to get psychotherapy notes depending on state law--I've done it and needed to demonstrate that pursuant to state law she was required to give them to me, restrictions allowed for potential harm to client as limiting that right.

The reason I posted in the first place was because some people have been saying that patient’s have a right to see/get psychotherapy notes, which isn’t true in every state. I wanted to raise people’s attention to that and also to the fact that HIPAA is not the final word on psychotherapy notes; state law can—for some reasons--supercede HIPAA. You can’t just go by HIPAA, and you can’t assume that you can get those records, and inaccurate information is being presented about those issues in various places, including some posts here recently. It’s widely misunderstood.