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
§ 264.515
Investigation
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
§ 264.610
Confidentiality
Not Related
Prohibits the Attorney General from
disclosing information gained through
reports, case data, or inspections that
would identify a volunteer advocate or a
person receiving services from the
advocate.
No
§ 264.613
Use of Information
and Records;
Confidentiality
Related/
Not Contrary
No covered entity
Even if a covered
entity was
affected, there is
an applicable
exception as it
pertains to public
health
intervention.
No
115