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

Texas Administrative Code
Section
1 TAC § 351.501
Definitions Relating
to Child Abuse,
Neglect, and
Exploitation
Path
Part 15 (Tex. Health
& Human Services)
- Ch. 351
(Coordinated
Planning and
Delivery of Health
and Human
Services)
Related/
Contrary
Not Related
Explanation
Purely a definitional section.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
1 TAC § 351.503
Minimum
Standards for
Investigations
Part 15 (Tex. Health
& Human Services)
- Ch. 351
(Coordinated
Planning and
Delivery of Health
and Human
Services)
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
1 TAC § 351.505
Information
Collection; Uniform
Data Collection
Procedures
Title 19:
Education
19 TAC § 61.1051
Reporting Child
Abuse and Neglect
19 TAC § 100.1211
Students
Part 15 (Tex. Health
& Human Services)
- Ch. 351
(Coordinated
Planning and
Delivery of Health
and Human
Services)
Part 2 (Texas Educ.
Agency) - Ch. 61
(School Districts) -
Subchap. EE
Part 2 (Texas Educ.
Agency) - Ch. 100
(Charters) -
Subchap. AA
/Division 6
Not Related
Not Related
Not Related
Requires state agencies to document and maintain
written reports concerning investigations conducted
and maintain statistics on the incidence of child
abuse, neglect, and exploitation in every facility
investigated.
The definition of IIHI in 45 C.F.R. § 160.501
specifically excludes IIHI in education records
covered by the Family Educational Rights and
Privacy Act (FERPA) (20 U.S.C. § 1232g).
The definition of IIHI in 45 C.F.R. § 160.501
specifically excludes IIHI in education records
covered by the Family Educational Rights and
Privacy Act (FERPA) (20 U.S.C. § 1232g).
No
No
No
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