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

Texas Administrative Code
Section
40 TAC § 700.114
Retention of
Post-Adoption
Services Case
Records
Path
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. A
Related/
Contrary
Not Related
Explanation
Pertains only to the process of retention of case
information, not the release of the information to
third parties.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 700.203
Access to
Confidential
Information
Maintained by
TDPRS
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. B
Related/Not
Contrary
No covered entity
No
40 TAC § 700.204
Redaction of
Records Prior to
Release
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. B
Related/Not
Contrary
No covered entity
No
40 TAC § 700.205
Procedures for
Requesting Access
to Confidential
Information
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. B
Related/Not
Contrary
No covered entity
No
40 TAC § 700.404
Criteria for
Accepting Reports
and Conducting
School
Investigations
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. D
Not Related
Sets out the criteria that allegations in a report must
meet if Child Protective Services (CPS) is to perform
an investigation.
No
40 TAC § 700.405
Notification to Law
Enforcement
Agencies of
Reports of Abuse
or Neglect in
School
Investigations
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. D
Related/Not
Contrary
(1) No covered entity.
(2) 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
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