The evaluation was based, for the most part, on talking to me. It wasn't a pen/paper evaluation. However, numerical scores were assigned, since the doctor told me the final score at the end of the evaluation and it's hard to imagine how she would have quantitated that final score without numerical subscores obtained on individual tasks. I want those subscores.
The actual regulation text says that the term "Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual's medical record. Psychotherapy notes excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: Diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date." 45 C.F.R. § 164.501.
As the regulation defines the covered material to be notes documenting or analyzing the contents of conversation during a private counseling session, but excludes the "results of clinical tests," it seems to me that where the test is based on talking to you, everything but the final result of the test (which you've been given already) appears to be within the definition of psychotherapy notes. The intermediate subscores seem to me to be part of the analysis that leads to the final test result, and thus those intermediate subscores would be covered as psychotherapy notes. That's certainly what I'd expect the doctor to argue to HHS if it started enforcement proceedings against the doctor for failing to comply with the rule. It's certainly not crystal clear that you are entitled to this information at any rate. But you can, of course, complain to HHS and see what, if anything, comes of that.