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

Texas Administrative Code
Section
37 TAC § 13.2
Other State or
Federal Laws,
Rules, or
Regulations
37 TAC § 13.4
Notification,
Information, and
Electronic
Transmission
37 TAC § 13.33
Miscellaneous
37 TAC § 13.84
Release of
Non-statistical
Information
37 TAC § 81.34
Notice of Youth
Confessions of
Child Abuse
Title 40: Social
Services and
Assistance
40 TAC § 4.4
Requirements
Path
Part 1 (Tex. Dep't of
Public Safety) - Ch.
13 (Controlled
Substances) -
Subch. A
Part 1 (Tex. Dep't of
Public Safety) - Ch.
13 (Controlled
Substances) -
Subch. A
Part 1 (Tex. Dep't of
Public Safety) - Ch.
13 (Controlled
Substances) -
Subch. B
Part 1 (Tex. Dep't of
Public Safety) - Ch.
13 (Controlled
Substances) -
Subch. D
Part 3 (Tex. Youth
Commission) - Ch.
81 (Interaction with
the Public)
Part 1 (Department
of Aging and
Disability Services) -
Ch. 4 (Rights and
Protection of
Individuals
Receiving Mental
Retardation
Services) - Subch.
A
Related/
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
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).
Although these provisions could affect the flow of
information, should the components continue to
adhere to HIPAA, there is nothing on the face of the
law that is contrary.
Preemption
Exception
Is State Law
Preempted?
No
No
No
No
No
No
Recommendation
56