Under HIPAA rules, when an individual asks to see his or her own health information, a covered entity:

Under HIPAA regulations, an individual has the right to access their own health information, which promotes transparency and patient engagement in their own healthcare. However, there are specific exceptions where access can be denied, and one significant exception pertains to psychotherapy notes. Psychotherapy notes, which are separate from the rest of the individual's medical record, are protected under HIPAA and a covered entity can legally deny an individual access to these notes.

This provision exists to protect the confidentiality of the therapeutic process, allowing mental health professionals to document their thoughts, impressions, and treatment plans without the concern that patients will have access to these sensitive communications. By recognizing this exception, HIPAA aims to balance an individual’s right to access their health information with the necessity of maintaining certain privacy standards in mental health treatment.

In contrast, while individuals generally have the right to access their health records, covered entities cannot arbitrarily demand payment for access to other types of records or deny access outright without a valid reason. Therefore, the assertion that covered entities can deny access to psychotherapy notes appropriately reflects the unique protections granted to this type of health information under HIPAA.