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

Texas Administrative Code
Section
40 TAC § 108.27
Program
Administration for
Comprehensive
Services
Path
Part 2 (Dept. of
Assistive and
Rehab. Services) -
Ch. 108 (Early
Childhood
Intervention
Services) - Subch.
A
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).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 108.55
Procedural
Safeguards for
Comprehensive
Services
Part 2 (Dept. of
Assistive and
Rehab. Services) -
Ch. 108 (Early
Childhood
Intervention
Services) - Subch.
B
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).
No
40 TAC § 700.104
Child Abuse and
Neglect Central
Registry
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. A
Not Related
Only information that is disclosed from the registry is
whether a person is in the registry as a designated
or sustained perpetrator, not IIHI.
40 TAC § 700.106
Retention and
Disposal of Case
Information
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. A
Related/Not
Contrary
No covered entity
No
40 TAC § 700.107
Retention of
Conservatorship or
Foster Care Case
Information
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. A
Related/Not
Contrary
No covered entity
No
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