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

Texas Family Code
Section
§ 261.106
Immunities
§ 261.109
Failure to Report;
Penalty
§ 261.110
Employee
Retaliation
Prohibited
§ 261.201
Confidentiality and
Disclosure of
Information
§ 261.202
Privileged
Communication
§ 261.301
Investigation of
Report
Related/
Contrary
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Related/
Not Contrary
Explanation
Pertains to the immunity provided to
individuals who make reports of
potential child abuse or neglect in good
faith.
States the penalty for failing to report
child abuse or neglect.
Outlines the non-retaliation standards
and policies.
No covered entity
Deals with the exclusion of evidence
based on privilege.
No covered entity
Preemption
Exception
Is State Law
Preempted?
No
No
No
No
No
No
Recommendation
§ 261.302
Conduct of
Investigation
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
§ 261.303
Interference With
Investigation; Court
Order
Related/
Not Contrary
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).
No
§ 261.304
Investigation of
Anonymous 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
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