Patients have the right of access to their protected health information (PHI)

In Texas, patients generally have the right of access to their protected health information, or PHI. This means they have a right to inspect and obtain a copy of the records. Upon a request for PHI records by the patient, Texas law requires that physicians produce the information inside of 15 business days. The provider may charge a reasonable fee.

However, there are many instances where a health care provider is allowed to refuse the request. These include but are not limited to:

• when a patient requests his or her own psychotherapy notes;
• when information is compiled for a pending legal proceeding;
• when certain types of information are solely in the possession of a clinical lab;
• when the PHI requester is a jailed inmate;
• when the patient has previously agreed to non-access;
• and when information was obtained under a promise of confidentiality from someone other than a provider and access would likely reveal its source.

For more information see Barton, Hugh. "Health Information and Patient Rights Under HIPAA," Texas Bar Journal (Sept. 2002)

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