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

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Texas Education Code Section Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation All Not Related The definition of PHI in HIPAA specifically excludes IIHI in educational records covered by the Family Educational Rights and Privacy Act (FERPA); "Education records" under FERPA is very broad and includes all records maintained by an education agency - including medical records. (FERPA and the Education Code are applicable to public and charter schools only). No 81
Texas Family Code Section § 5.002 Sale of Separate Homestead After Spouse Declared Judicially Incapacitated § 6.007 Confinement in Mental Hospital § 6.108 Mental Incapacity § 6.410 Report to Accompany Petition § 6.410 Confidentiality of Pleadings (*Code contains two sections of 6.410) Related/ Contrary Not Related Not Related Not Related Not Related Not Related Preemption Explanation Exception Title 1: The Marriage Relationship Chapter 5: Homestead Rights Deals with the ability of one spouse to sell property in the event that the other spouse is incapacitated. Title 1: The Marriage Relationship Chapter 6: Suit for Dissolution of Marriage Addresses the ability of a court to grant divorce in the event of incapacitation of the other spouse. Addresses authority of court to grant annulments, which may depend on mental incapacity. Requires that a person filing for divorce or annulment provide a Bureau of Statistics form for reporting such activity, which does not contain IIHI . Requires all documents filed in connection with a divorce petition in counties of a certain size to be confidential and not subject to Public Information Act for a period of time. Is State Law Preempted? No No No No No Recommendation § 6.505 Counseling Not Related Enpowers the judge to order a counselor's report on whether there is a reasonable expectation of reconciliation. No § 6.705 Testimony by Marriage Counselor Not Related Prohibits using the marriage counselor appointed under § 6.505 as a witness or No using the counselor's report in any suit involving the parties or their children. Title 2: Child in Relation to the Family Chapter 32: Consent to Treatment of Child by Non-Parent or Child 82
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REPORT OF THE OFFICE OF THE ATTORNE
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TABLE OF CONTENTS Preface 1 HIPAA a
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ules, policies, and procedures. She
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health care privacy and has given n
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eviewed their assigned codes to loo
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HIPAA STATE LAW RESULT Requires a u
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HIPAA, the Task Force generally not
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HIPAA 45 C.F.R. § 164.508(c)(1) de
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65 Fed. Reg. at 82744. OCR also ind
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elatively straightforward. In other
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Public Information Act because the
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Elderly or Disabled Persons; Confid
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Texas Administrative Code Section 1
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Texas Administrative Code Section P
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Texas Health & Safety Code Section/
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Texas Human Resources Code Section
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Texas Labor Code Section Chapter 1
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Texas Labor Code Section Related/ C
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Texas Labor Code Chapter/ Section R
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Texas Labor Code Chapter/ Section C
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Texas Labor Code Chapter/ Section C
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Texas Labor Code Chapter/ Section
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Texas Labor Code Chapter/ Section
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Texas Occupations Code Section § 5
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Texas Rules of Appellate Procedure
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Texas Rules of Evidence Rule Relate
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Texas Transportation Code Section R
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Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

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