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

Texas Administrative Code
Section
25 TAC § 1.207
Confidentiality of
Investigative
Process and
Report
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 1
(Tex. Board of
Health) - Subch. Q
Related/
Contrary
Related/Not
Contrary
Explanation
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)) and reports
about the abuse/neglect of an elderly or disabled
person (45 C.F.R. § 164.512(c)(1)).
Preemption
Exception
Is State Law
Preempted?
No*
Recommendation
Please consider
amending 1.207(c)
to read: "The
completed
investigative report
and related
documents shall be
released by court
order."
25 TAC § 13.14
Types of Data To
Be Reported
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 13
(Health Planning
and Resource
Development) -
Subch. B
Related/Not
Contrary
No
25 TAC § 13.19
Confidential Data
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 13
(Health Planning
and Resource
Development) -
Subch. B
Related/Not
Contrary
No
25 TAC § 37.58
Follow-up and
Recordkeeping on
Positive Screens
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. D
Related/Not
Contrary
HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
No
25 TAC § 37.66
Confidentiality of
Information
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. D
Related/Not
Contrary
Authorizes dislcosures but not by a covered entity.
Furthermore, disclosures are in a non-identifying
form.
No
31