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

Texas Family Code
Section
§ 162.419
Registry Records
Confidential
§ 162.420
Rulemaking
§ 162.421
Prohibited Acts;
Criminal Penalties
§ 162.422
Immunity From
Liability
§ 203.007
Access to Records;
Offense
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Contrary as to
subsection (c)
Explanation
No covered entity
Disclosing entities (Board of Health and
Bureau of Vital Statistics) are not
covered entities.
State law does not permit disclosure
that HIPAA prohibits.
Preemption
Exception
Even if it were a
covered entity,
disclosure would
be permitted by
the exception in
45 C.F.R. §
160.203(b), as the
state law provision
is more stringent
than the HIPAA
standard,
requirement, or
implementation
specification.
Is State Law
Preempted?
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 203: Domestic Relations Offices
Related/
Not Contrary
While HIPAA provides for penalties for
disclosing protected health information if
not specifically authorized by HIPAA,
subsection (c) provides immunity for
information disclosed to adoption
registries and therefore stands as an
obstacle to the accomplishment and
execution of the full purposes of
HIPAA.
No covered entity
None
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 231: Title IV-D Services
No
No
No
Yes
No
Recommendation
Amend the last sentence of §
162.422(d) to read: "This provision
does not provide immunity from
liability for performing an act
prohibited by § 162.421 or for
committing a violation of the Health
Insurance Portability and
Accountability Act of 1996
(HIPAA)."
105