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 § 700.1342
Presenting Records
to Prospective
Adoptive Parents
Before Placing a
Child for Adoption
40 TAC § 700.1343
Deleting
Confidential
Information Before
Releasing a Child's
Records to
Authorized Parties
40 TAC § 700.1351
Medical and Dental
Services for
Children in
Substitute Care
40 TAC § 700.1401
Testing Children in
the TDPRS's
Conservatorship for
HIV Antibodies
40 TAC § 700.1402
Treatment and
Medical
Management
40 TAC § 700.1403
Notification
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. M
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. M
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. M
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. N
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. N
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. N
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Not Related
Related/Not
Contrary
Related/Not
Contrary
Describes the information which DFPS may release
to prospective adoptive parents, including IIHI.
(1) No covered entity.
(2) HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
(1) No covered entity.
(2) HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
Discusses criteria for testing but not release of the
results.
(1) No covered entity.
(2) HIPAA permits the use and disclosure of IIHI in
the course of certain treatment and health care
operations. 45 C.F.R. § 164.504.
(1) No covered entity.
(2) HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
No
No
No
No
No
No
65