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

Texas Family Code
Section
§ 162.007
Contents of Health,
Social, Educational,
and Genetic History
Report
§ 162.008
Filing of Health,
Social, Educational,
and Genetic History
Report
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Explanation
This provision deals only with the
contents of the report, not disclosure or
confidentiality.
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
Preemption
Exception
Is State Law
Preempted?
No
No
Recommendation
§ 162.018
Access to
Information
Related/Not
Contrary
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
However, the "right" to receive records
is not as strong as a state law mandate
that an entity "must" release records
upon request.
No
Please consider amending §
162.018 to read: "The department,
licensed child-placing agency,
person, or entity placing the child
for adoption must provide to the
adoptive parents, upon request,
copies of the records and other
information relating to the history of
the child maintained by the
department, licensed child-placing
agency, person, or entity placing
the child for adoption."
§ 162.021
Sealing File
§ 162.022
Confidentiality
Maintained By Clerk
§ 162.404
Requirement to
Send Information to
Central Registry
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
(1) No covered entity.
(2) HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
No
No
No
103