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

Texas Family Code
Section
§ 264.508
Review Procedure
§ 264.509
Access to
Information
§ 264.511
Use of Information
and Records;
Confidentiality
Related/
Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Explanation
Directs team members to review the
member's records and agency records
pertaining to each listed child upon
receipt of a list of child fatalities.
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
No covered entity
Preemption
Exception
Even if it were
contrary to
HIPAA, there is an
applicable
exception for
reporting child
abuse and death.
Is State Law
Preempted?
No
No
No
Recommendation
§ 264.513
Report of Death of
Child
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 for certain
public health activities. 45 C.F.R. §
164.512(b).
No
§ 264.514
Procedure in the
Event of Reportable
Death
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 for certain
public health activities. 45 C.F.R. §
164.512(b).
(3) HIPAA permits disclosure for certain
law enforcement purposes. 45 C.F.R. §
164.512(f).
(4) HIPAA permits certain disclosures
about decedents to coroners and
medical examiners. 45 C.F.R. §
164.512(g)(1).
No
114