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

Texas Family Code
Section
§ 55.40
Report That Child is
Unfit to Proceed as
a Result of Mental
Retardation
Related/
Contrary
Related/
Not Contrary
Explanation
(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).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 55.41
Commitment
Proceedings in
Juvenile Court for
Mental Retardation
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
§ 55.42
Referral for
Commitment
Proceedings for
Mental Retardation
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
§ 55.43
Restoration Hearing
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
§ 55.44
Transfer to Criminal
Court on 18th
Birthday of Child
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
89