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

Texas Administrative Code
Section
Path
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
25 TAC § 405.284
Policy Overview
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 405
(Patient Care –
Mental Health
Services) - Subch. L
Not Related
No
25 TAC § 411.310
Standards of
Administration for
Boards of Trustees
25 TAC § 414.6
Interpretive
Guidance on Laws
Pertaining to
Privacy of Mental
Health and Mental
Retardation
Records for the
TDMHMR Service
Delivery System
(Exhibit A)
25 TAC § 417.505
Reporting
Responsibilities of
all TDMHMR
Employees,
Agents, and
Contractors:
Reports to Tex.
Dept. of Protective
and Regulatory
Services
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 411
(State Mental
Health Authority
Responsibilities) -
Subch. G
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 414
(Rights and
Protection of
Persons Receiving
Mental Health
Services) - Subch.
A
Part 1(Tex. Dept. of
State Health
Services) - Ch. 417
(TDMHMR and
Facility
Responsibilities) -
Subch. K
Related/Not
Contrary
Related/Not
Contrary
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).
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
No
No
48