Release of therapists' notes to clients

So now I have another question - aren't providers supposed to be ensuring all client records are maintained electronically and phasing over if they don't do that already? (Think it's related to the ACA, or maybe HIPAA itself.) At least DBC was having to phase over when I left her. Is anyone exempt from that?

Yes, I think you are right. This therapist claims to have a way to establish trust with clients, but it's never worked with me. And I must say not even with my second T that I generally respected a lot and we had a lot in common. It was (seemingly?) interesting/useful up to a certain point, but then stuck and then I left.

So I guess I have some really challenging issues around trust. I don't want to get into it on this thread (well, maybe this is also a sign of it). I've tried in many different ways to confront this, get beyond it, find all kinds of people... but it seems to be set in stone somehow. Not sure that therapy is the way to "break it" or understand it better for me, at this point. I always refuse to "work on" attachment issues and such in therapy and find it more feasible and useful to try to improve these things in everyday relationships. I can do that a little that way, before my natural mechanisms interfere.

So perhaps this whole idea of requesting records/notes from a T is a sterile route and I should focus on something more genuine / productive?

YES. (I'm dropping into this conversation)
Sounds like the big issue here is that for some reason he is not remembering major pieces of your relationship and what you have shared. What could fix the problem is sharing this concern. Simply asking for your notes wouldn't address your concern and would 99% chance leave you feeling even more disconnected. I'm training to be a therapist and we were taught to write the minimum in our legal progress notes. Basic themes, affect, if they were late, if they were a threat to self/others. In fact your name may simply be replaced with "client". Specifics are left out for privacy BECAUSE they could be subpoenaed. Now, a fight should be in their notes, as its a major piece of the relationship. However its perfectly legal for private practice therapists to leave just one sentence per session. Where all the juicy information would be is the therapist's own process notes, but these are usually private. Maybe your therapist is skimping on personal process notes. Could be burned out or otherwise not realizing the impact this is having. That's why having a conversation about this would be so much more valuable than simply requesting the bare bones legal notes.

For the record: a therapist not writing stuff down in session could mean they want to maintain contact with you and not have notes get in the way. These therapists should still write process notes after the session in addition to legal progress notes

No. There is no law requiring providers to keep records electronically. If the provider is not HIPAA covered entity and they like to keep records the old-fashioned way, in paper files, they are entitled. But even when they keep records on their computers and communicate with clients electronically that does not automatically make them HIPAA covered entity. HIPAA applies only when e-transactions take place, the ones I described in previous posts.

I would think so. It wouldn't hurt to see the records if you feel they'd give you some clarity, but essentially it wouldn't resolve the main issue, which is something that is taking place in the relationship with your therapist. If the main focus is put on accessing the records that would just distract from the real issue I would think.

In my case, seeing the records just confirmed my feelings that I needed to end therapy. It was disappointing and, frankly, painful to see them as they didn't reflect anything real that I was trying to work on in therapy. But, I guess, the disappointment was necessary to make the decision I finally made, so, in that sense seeing the records may help.

From what I have read there are requirements it appears to be related to medicaid and medicare. My NP said she was being fined for not having electronic medical records before I left last year(decided to go off meds).

General Overview of EMR Regulations For Health Care Providers | MedicalRecords.com
Electronic Medical Records Deadline | MedicalRecords.com

Those might help.