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
40 TAC § 700.108
Retention of Family
Preservation
Services Case
Records
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 § 700.109
Retention of Case
Records for Cases
Closed After
Investigation
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 § 700.110
Retention of
Closed-After-
Investigation/Ruled
Out/ Case Records
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 § 700.111
Closed-After-
Investigation/Other
Case Records
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 § 700.112
Case Records Not
Involving
Abuse/Neglect or
Conservatorship
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 § 700.113
Retention of Case
Records Related to
Foster and
Adoptive Homes
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. A
Not Related
Pertains only to the process of retention of case
information, not the release of the information to
third parties.
No
60