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

Texas Family Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 261.101
Persons Required to
Report; Time to
Report
Related/
Not Contrary
(1) HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure to a
governmental authority authorized to
receive reports of child abuse or
neglect. 45 C.F.R. § 164.512(b)(1)(ii).
No
§ 261.103
Report Made to
Appropriate Agency
Related/Not
Contrary as to
(a);
Related/Possibly
Contrary as to (b)
As to (a):
(1) HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure to a
governmental authority authorized to
receive reports of child abuse or
neglect. 45 C.F.R. § 164.512(b)(1)(ii).
As to (b):
The report to Texas Youth Commission
is permissive and not required by law,
and the Texas Youth Commission is not
a public health authority
As to (b): This
provision pertains
to reporting child
abuse and is
specifically
excepted from
preemption by 45
C.F.R. §
160.203(c).
No
§ 261.104
Contents of Report
Related/
Not Contrary
HIPAA permits disclosure to a
governmental authority authorized to
receive reports of child abuse or
neglect. 45 C.F.R. § 164.512(b)(1)(ii).
No
§ 261.105
Referral of Report by
Department or Law
Enforcement
Related/
Not Contrary
No covered entity
No
§ 261.1055
Notification of
District Attorneys
Related/
Not Contrary
No covered entity
No
107