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
§ 48.203
Voluntary Protective
Services
Not Related
Does not affect privacy of PHI.
No
§ 48.204
Agency Powers
Not Related
Concerns consent for protective service; does not affect
privacy of PHI.
No
§ 48.205
Provision of Services
Not Related
Does not affect privacy of PHI.
No
§ 48.206
Cost of Services
Not Related
Requires person to reimburse, if able; does not affect
privacy of PHI.
No
§ 48.207
Objection to Medical
Treatment
Not Related
Does not affect privacy of PHI.
No
§ 48.208(b)
Emergency Order for
Protective Services
Related/
Not Contrary
No covered entity
No
§ 48.209
Guardianships
Not Related
Does not affect privacy of PHI.
No
§ 48.211
Report to
Guardianship Court
Related/
Not Contrary
No covered entity
No
§ 48.252
Investigation of
Reports in MHMR
Facilities and in
Community Centers
Related/
Not Contrary
To the extent the report includes PHI from a covered
entity, 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
§ 48.253
Action on Report
Not Related
To the extent the investigation of the report requires the
department to obtain PHI from a covered entity, 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
330