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

Texas Administrative Code
Section
40 TAC § 700.1404
Confidentiality
Path
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. N
Related/
Contrary
Related/Not
Contrary
Explanation
No covered entity
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 700.1405
Caregiver Training
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. N
Not Related
Pertains to the training that a caregiver or foster
parent must receive if they are caring for an HIV
positive child.
No
40 TAC § 700.1406
Sex Education and
AIDS Prevention
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. N
Not Related
Pertains to the required sex education that all
children in the conservatorship of DFPS must
receive.
No
40 TAC § 700.1502
Foster and
Adoptive Home
Inquiry and
Screening
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. O
Not Related
Governs the criteria for screening adoptive and
foster homes.
No
40 TAC § 700.1731
Post Adoptive
Counseling
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. Q
Not Related
Outlines the counseling services which need to be
made available to children and families post
adoption.
No
40 TAC § 720.912
Admission Policies
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 720 (24 Hour
Care Licensing) -
Subch. M
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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