Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Family Code
Section
§ 153.375
Annual Report by
Nonparent
Managing
Conservator
Related/
Contrary
Related/
Not Contrary
Explanation
(1) No covered entity.
2) HIPAA permits a covered entity to
disclose PHI in the course of a judicial
or administrative proceeding in
response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 153.376
Rights and Duties of
Nonparent
Possessory
Conservator
Related/
Not Contrary
This statute merely provides a
non-parent conservator with the rights
that a parent would have over a minor
child. Other specific state laws, such as
the Medical Practice Act confidentiality
provisions, govern a use/disclosure of
health information. These Family Code
sections confer authority, but other
specific laws actually govern the
disclosure.
No
§ 153.377
Access to the Child's
Records
Related/
Not Contrary
This statute merely provides a
non-parent conservator with the rights
that a parent would have over a minor
child. Other specific state laws, such as
the Medical Practice Act confidentiality
provisions, govern a use/disclosure of
health information. These Family Code
sections confer authority, but other
specific laws actually govern the
disclosure.
No
§ 153.431
Grandparental
Appointment as
Managing
Conservator
§ 153.432
Suit for Access
Not Related
Not Related
Deals only with the right of grandparents
to be appointed as managing
conservators.
Deals with the rights of grandparents to
have access to their grandchildren.
No
No
100