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

Texas Human Resources Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 48.152
Investigation
Related/
Not Contrary
To the extent the investigation includes obtaining PHI from
a covered entity:
(1) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits certain disclosures about victims of
abuse, neglect, or domestic violence to a government
authority authorized to receive such reports. 45 C.F.R. §
164.512(c)(1).
No
§ 48.153
Access to
Information
Not Related
Concerns procedures for gaining access to the residence;
does not affect privacy of PHI.
No
§ 48.154(a) & (f)
Access to Records
or Documents
Related/
Not Contrary
HIPAA permits certain disclosures about victims of abuse,
neglect, or domestic violence to a government authority
authorized to receive such reports. 45 C.F.R. §
164.512(c)(1).
No
§ 48.155
Interference With
Investigation or
Services Prohibited
Not Related
Does not affect privacy of PHI.
No
§ 48.156
Agency Reports
Related/
Not Contrary
(1) No covered entity.
(2) If another protective service agency is a covered entity,
45 C.F.R. § 164.512(a) permits it to disclose information to
DPRS or a court since this statute requires it.
No
§ 48.157
Report to Law
Enforcement Agency
Related/
Not Contrary
To the extent that the investigating agency is a covered
entity, (e.g. DHS or MHMR), HIPAA permits certain
disclosures about victims of abuse, neglect, or domestic
violence to a government authority authorized to receive
such reports. 45 C.F.R. § 164.512(c)(1).
No
§ 48.202
Service
Determination by
Department or
Agency
Not Related
Requires DPRS determination as to the services to be
provided; does not affect the privacy of PHI.
No
329