May I withhold access to a patients medical record because of a past due account?

No. Medical records may not be withheld from the patient, the patient’s authorized representative, or the patient’s designated recipient for such records based on a past due account for medical care or treatment previously rendered to the patient.

Texas Medical Board rules, section 165.2 (h) states the following:

"(h) Improper Withholding for Past Due Accounts. Medical and/or billing records requested pursuant to a proper request for release may not be withheld from the patient, the patients authorized agent, or the patient's designated recipient for such records based on a past due account for medical care or treatment previously rendered to the patient."

For additional information, please log in to your member account on the TMA website to access the legal white paper from TMAs Office of the General Counsel on medical records. 

NOTICE: Please check the Texas Medical Board website for current updates on its rules and policies with respect to this issue.

NOTICE: The Texas Medical Association provides this information with the express understanding that 1) no attorney-client relationship exists, 2) neither TMA nor its attorneys are engaged in providing legal advice and 3) that the information is of a general character. This is not a substitute for the advice of an attorney. While every effort is made to ensure that content is complete, accurate and timely, TMA cannot guarantee the accuracy and totality of the information contained in this publication and assumes no legal responsibility for loss or damages resulting from the use of this content. You should not rely on this information when dealing with personal legal matters; rather legal advice from retained legal counsel should be sought.