How Long Do Texas HB 300-Covered Entities Have To Respond to EHR (Electronic Health Record) Requests?

Modified on Fri, 6 Sep at 9:53 AM

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Note: Compliancy Group cannot advise prospects or clients as to whether HB 300 applies to them. This issue is a question of law, and clients and prospects should consult a qualified attorney before proceeding.

Under Texas HB 300, if a healthcare provider uses an electronic health records system that is capable of fulfilling the request, the provider must provide requested EHR records within 15 business days after a person makes a request for those records. This "15-day rule" does not apply if the person agrees to accept the record in another form.

Example: Patient A makes a written request for her electronic health record. Patient A's provider uses an electronic health records system that is capable of fulfilling the request. The provider must provide the record, in electronic form, within 15 days of the provider's receipt of the written request. This "15-day rule" does not apply if the patient agrees to accept the record in another form (e.g., agrees to accept a paper record).

Providers are not required to provide access to PHI if the HIPAA right of access standard does not require such access.

Two categories of information are expressly excluded from the right of access:

Psychotherapy notes: Psychotherapy notes are the personal notes of a mental healthcare provider documenting or analyzing the contents of a counseling session. These notes are maintained separately from the rest of the patient’s medical record. A provider is not required to provide these notes to patients who request them.
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