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

Cases & Common Law Principles
Case Name
Relevance
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
Patmore v. State
831 S.W.2d 97 (Tex.
App. - Eastland
1992, pet. denied).
Holds that the confidentiality
of information obtained in
the course of a child abuse
investigation (including IIHI)
can be waived.
Related/Not
Contrary
No covered entity
No
State ex rel. Hill v.
Court of Appeals
for the Fifth Dist.
67 S.W.3d 177 (Tex.
Crim. App. 2001).
Texas Dept. of
Human Servs. v.
Benson
893 S.W.2d 236
(Tex. App. - Austin
1995, reh.
overruled).
The underlying issue that
court declined to address
relates to whether a hospital
must disclose child abuse
information obtained under
the Medical Committee
Privilege in § 161.032 of the
Texas Health & Safety
Code.
Affirms a declaratory
judgment that the state
must keep the identity of a
child abuse reporter
confidential.
(1) As to the
holding: Not
Related;
(2) As to the
underlying
issue:
Related/Not
Contrary.
Not Related
If issue had been decided, a holding in
either direction would not have been
contrary to HIPAA, because disclosure
of PHI by a covered entity for the
purpose of reporting child abuse is
permitted by 45 C.F.R. §
164.512(b)(1)(ii).
No
No
73