Patient Rights
Required disclosures under Texas law. Your rights as a patient of Waypoint Psychology.
Requesting Your Records
Texas law requires that requests for mental health records be in writing. To obtain your records, or your child's records, from this practice, please follow the instructions below.
Submit through the Patient Portal
Complete a HIPAA-compliant Authorization and submit it through the patient portal in TherapyNotes, our electronic health records system. In the subject line, write REQUEST FOR RECORDS. Please include the specific records you are requesting and the name, address, and email of the intended recipient.
No Portal Access
If you do not have access to the patient portal, email your request and Authorization to navigator@waypointpsychtx.com. In the subject line, write REQUEST FOR RECORDS.
Litigation Records
If the records are to be used in litigation, please include the cause number, case title, and the court where the case is pending.
Business Records Affidavit
If you require a Business Records Affidavit, please indicate this in your request. There is a $15.00 charge for providing a Business Records Affidavit. No Affidavit will be provided until the fee is paid.
Records Fee
A fee applies for providing records, consistent with applicable Texas law. We accept credit cards and other payment methods. Records will not be released until the fee is paid.
Third-Party Records
If you are requesting couples counseling records, family counseling records, or records for a person other than yourself or your child, state and federal law require either a Court Order or an Authorization signed by the person (or the parent of the person) whose records are requested. 45 C.F.R. §164.512(e); Texas Health & Safety Code §611.004, §611.0045, §611.008.
Notice to Attorneys and Document Companies
A subpoena alone is not sufficient to compel disclosure of confidential counseling, billing records, or Protected Health Information (PHI) under HIPAA. 45 C.F.R. Chapter 164.
For records requested or subpoenaed in litigation, HIPAA permits disclosure only: (1) in response to a court or administrative tribunal order, or (2) where the individual is a party to the proceeding, is aware the request was made, and does not object. 45 C.F.R. §164.512(e).
A signed Authorization from the individual or parent satisfies the second option. If the client or parent has indicated they do not want records released, a Statement of Assurance will not be accepted. A signed Authorization or Court Order is required.
Filing a Complaint
You have the right to have complaints heard and resolved in a timely manner. If a concern cannot be resolved directly with this practice, you may file a complaint with the appropriate authority below.
Licensing Complaints
Complaints about a licensed mental health professional may be filed with the Texas Behavioral Health Executive Council (BHEC).
Texas Behavioral Health Executive Council
Attention: Enforcement
1801 Congress Avenue, Suite 7.300
Austin, TX 78701
Phone: 800.821.3205 (toll-free, 24-hour)
HIPAA Privacy Complaints
Complaints regarding the privacy or security of your health information under HIPAA may be filed with the U.S. Department of Health and Human Services, Office for Civil Rights.
HHS Office for Civil Rights
Consumer Health Privacy Complaints
If you believe you have a consumer complaint regarding the privacy and security of your health information, you may contact the Texas Office of the Attorney General.