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
§ 55.45
Standards of Care;
Notice of Release or
Furlough
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
§ 55.51
Lack of
Responsibility for
Conduct
Determination;
Examination
Related/
Not Contrary
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
§ 55.52
Proceedings
Following Finding of
Lack of
Responsibility for
Conduct
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
§ 55.53
Transportation To
and From Facility
Not Related
States that the court must order the
child to be transported to a designated
facility after a placement order.
No
§ 55.54
Information
Required to be Sent
to Facility; Report to
Court
Related/
Not Contrary
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
§ 55.55
Report That Child is
Not Mentally Ill or
Mentally Retarded;
Hearing on
Objection
Related/
Not Contrary
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
90