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

Texas Family Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 55.19
Transfer to Criminal
Court on 18th
Birthday
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits a covered entity to
disclose PHI in the course of a judicial
or administrative proceeding in
response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
§ 55.31
Unfitness to
Proceed
Determination;
Examination
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits a covered entity to
disclose PHI in the course of a judicial
or administrative proceeding in
response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
§ 55.32
Hearing on Issue of
Fitness to Proceed
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits a covered entity to
disclose PHI in the course of a judicial
or administrative proceeding in
response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
§ 55.33
Proceedings
Following Finding of
Unfitness to
Proceed
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits a covered entity to
disclose PHI in the course of a judicial
or administrative proceeding in
response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
§ 55.34
Transportation To
and From Facility
Not Related
Deals only with the transfer of a child
from one facility to another.
No
87