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
§ 261.305
Access to Mental
Health Records
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
§ 261.307
Information Relating
to Investigation
Procedures
§ 261.309
Review of
Department
Investigations
Related/
Not Contrary
Not Related
No covered entity
Pertains to the process by which one
may complain or request administrative
review of the manner in which an
investigation was conducted or refute
the findings.
No
No
§ 261.311
Notice of Report
Related/
Not Contrary
No covered entity
No
§ 261.312
Review Teams;
Offense
Not Related
Addresses the system of checks and
balances for reviewing the work of Child
Protective Services (CPS).
No
§ 261.3125
Investigations
Coordinator
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
§ 261.314
Testing
Related/
Not Contrary
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
No
§ 261.315
Removal of Certain
Investigation
Information From
Records
Not Related
Permits an individual who is cleared of
committing child abuse or neglect to
have information regarding their alleged
role removed from the records.
No
109