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

Texas Family Code
Section
§ 261.316
Exemption From
Fees for Medical
Records
§ 261.401
Agency Investigation
§ 261.402
Investigative
Reports
Related/
Contrary
Not Related
Not Related
Related/
Not Contrary
Explanation
Provides that DFPS is exempt from
usual fees charged for medical records
when conducting an investigation.
Requires that state agencies operating
facilities for children adopt certain rules
for investigation procedures.
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).
Preemption
Exception
Is State Law
Preempted?
No
No
No
Recommendation
§ 261.403
Complaints
Not Related
Requires DFPS to draft procedures for
registering complaints concerning
investigations of suspected child abuse
or neglect.
No
§ 261.404
Investigations in
Facilities Under
Department of
Mental Health and
Mental Retardation
Not Related
Requires that certain agencies adopt
rules for investigation procedures.
No
§ 261.405
Investigation in
Juvenile Justice
Programs and
Facilities
§ 261.406
Investigations in
Schools
Related/
Not Contrary
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).
As per 45 C.F.R. ' 164.501, education
records are specifically exempt from
HIPAA and are instead covered under
the Family Educational Rights and
Privacy Act (FERPA) (20 U.S.C. §
1232g).
No
No
110