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

Texas Administrative Code
Section
Title 1:
Administration
Path
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
1 TAC § 55.1
Agency and
Agency Attorneys
in Child Support
Cases
Part 3 (OAG) - Ch.
55 (Child Support
Enforcement) -
Subch. A
Not Related
Addresses the designation of the AG as the
appropriate agency to handle certain tasks related to
Child Support Enforcement.
No
1 TAC § 55.2
Title IV-D Agency
May Appear as a
Party at any Stage
of Litigation
Part 3 (OAG) - Ch.
55 (Child Support
Enforcement) -
Subch. A
Not Related
Allows the Office of Attorney General to appear as a
party at any stage of any legal proceeding,
regardless of whether the agency was a party at
trial.
No
1 TAC § 55.3
Cooperation
Required for
Recipients of Child
Support Services
Part 3 (OAG) - Ch.
55 (Child Support
Enforcement) -
Subch. A
Not Related
Requires current or former Temporary Assistance
for Needy Families (TANF) and Medical Assistance
Only program recipients cooperate with the AG in
performing the tasks set out in Chapter 231 of the
Family Code, unless good cause exists.
No
1 TAC § 55.4
Determination of
Cooperation
Part 3 (OAG) - Ch.
55 (Child Support
Enforcement) -
Subch. A
Not Related
Deals with the determination of whether a recipient
in § 55.3 is indeed cooperating and the penalties for
not doing so.
No
1 TAC § 55.5
Good Cause for
Failure to
Cooperate
Part 3 (OAG) - Ch.
55 (Child Support
Enforcement) -
Subch. A
Not Related
Deals with the determination of whether good cause
existed for failing to cooperate.
No
1 TAC § 64.13
Operation of Local
Program
Part 3 (OAG) - Ch.
64 (Standards of
Operation for Local
Court-Appointed
Volunteer Advocate
Programs)
Related/Not
Contrary
(1) No covered entity.
(2) 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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