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How do I request mental health records?

Texas law requires that requests for mental health records be made in writing. If the provider’s system can fulfill the request electronically, the records must be provided no later than 15 business days after receipt of the written request.

To obtain your records, or your child’s records, please follow the steps below:

  1. Please email OB Horak Counseling PLLC through my Contact page.
  2. In the “How can I help you?” box, please write Request for Records.
  3. I will send you a written Authorization Form. Please sign it and return it to me.

Additional requirements (if applicable)

Litigation related records

If records are requested for use in litigation, please include:

  • Court where the case is pending
  • Cause number
  • Case title

Business Records Affidavit

If you require a Business Records Affidavit, indicate this in your request.

  • Affidavits will not be provided until payment is received.
  • Fee: $15

Records fee

  • Fee for providing records: $25 for electronic records (paid before release).
  • Accepted payment methods: credit card or Zelle

Texas law does not require records to be released until fees are paid.

Couples, family, or third party records

If you are requesting:

  • Couples counseling records
  • Family counseling records
  • Records for anyone other than yourself or your child

State and federal law require either:

  • A valid Court Order
  • Or an Authorization signed by the individual (or parent or legal guardian)

Relevant law: Texas Health and Safety Code § 611.004, § 611.008, and HIPAA Privacy Rule (45 CFR 164.512(e)).

Notice to Clients

My services do not include court matters. If subpoenaed, services will be terminated to protect confidentiality and treatment progress. Any court involvement may incur charges for preparation, documentation, mileage, or related services at $350/hour, which will be the client’s responsibility.

Instructions for Attorneys and Document Companies

A subpoena alone is not sufficient to compel disclosure of confidential counseling or billing records or other protected health information under HIPAA (45 CFR 164). Providers may release records only in response to:

  • A valid court or administrative order
  • Or a HIPAA-compliant Authorization signed by the individual

Relevant law: 45 CFR 164.512(e)

Important Note

If the client or parent has indicated that they do not consent to release of records:

  • A “Statement of Assurance” will not be accepted.
  • A valid Authorization or Court Order will be required.

Mental health records are confidential and protected by state and federal privacy laws, including the Texas Health and Safety Code and the HIPAA Privacy Rule. Protecting client privacy and the therapeutic relationship is a core part of my practice. Records are released only with proper written authorization or a valid court order, in accordance with applicable law. In limited situations, Texas law allows a provider to withhold portions of a record if release would be harmful to the client’s physical, mental, or emotional health. If release of part of a record would be harmful, Texas law allows the provider to withhold that portion of the record to protect the client’s well‑being.