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

Texas Human Resources Code
Section
§ 40.0524(b)&
(c)(suppl)
Multidisciplinary
Teams
§ 42.045(b) & (c)
Records
§ 48.038(a) & (b)
§ 48.051
Report
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
To the extent that members of the multidisciplinary team
are covered entities and information exchanged is
PHI:
(1) HIPAA permits disclosure to a governmental authority
Related/
authorized to receive reports of child abuse or neglect. 45
No
Not Contrary
C.F.R. § 164.512(b)(1)(ii).
(2) HIPAA permits the use and disclosure of IIHI in the
course of certain treatment, payment, and health care
operations. 45 C.F.R. § 164.506.
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 42: Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services
Related/
Not Contrary
To the extent a child placing agency has designated itself
as a covered entity, and to the extent the information
furnished under this statute to DPRS and to the Bureau of
Vital Statistics is PHI, HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 48: Investigations and Protective Services for Elderly and Disabled Persons
Related/
Not Contrary
Repealed
No
HIPAA permits certain disclosures about victims of abuse,
Related/ neglect, or domestic violence to a government authority
Not Contrary authorized to receive such reports. 45 C.F.R. §
No
164.512(c)(1).
No
Recommendation
327