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

Texas Family Code
Section
§ 153.433
Possession of and
Access to
Grandchild
§ 153.434
Limitation on Right
to Request Access
§ 160.105
Protection of
Participants
§ 160.412
Furnishing of
Information;
Confidentiality
§ 160.413
Offense;
Unauthorized
Release of
Information
§ 160.421
Search of
Appropriate Registry
§ 160.422
Certificate of Search
of Registry
§ 160.511
Offense;
Unauthorized
Release of
Specimen
§ 160.633
Hearings; Inspection
of Records
Related/
Contrary
Not Related
Not Related
Explanation
Deals with the rights of grandparents to
have access to their grandchildren.
Deals with the rights of grandparents to
have access to their grandchildren.
Preemption
Exception
Is State Law
Preempted?
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 160: Uniform Parentage Act
Not Related
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
States that a proceeding under the Act
is subject to all other laws of the state.
No covered entity (Disclosing entity
Bureau of Vital Statistics (BVS) is a
non-covered component of hybrid entity
Tex. Dept. of Health).
State law does not permit a disclosure
that HIPAA prohibits.
Creates a procedural requirement that a
petitioner for adoption/termination of
parental rights must obtain a certificate
of search results from the Registry of
Paternity.
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
State law does not permit a disclosure
that HIPAA prohibits.
No covered entity
No
No
No
No
No
No
No
No
No
Recommendation
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