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
§ 58.005
Confidentiality of
Records
Related/
Not Contrary
All disclosures are permitted by
HIPAA:
(1) 45 C.F.R. § 164.512(k) & §
164.506(a) for professional
staff/consultants of the agency;
(2) 45 C.F.R. § 164.512(a)(1), (e) & §
158.512(a)(1) for judges, probation
officers, juvenile court, etc;
(3) 45 C.F.R. § 164.523 for attorneys for
the child;
(4) 45 C.F.R. § 164.512(a)(1) for a
government agency as
required/authorized by law;
(5) 45 C.F.R. § 164.506 for
persons/entities to whom the child is
referred for services; and
(6) 45 C.F.R. § 164.512(k)(5) for TDCJ
and TJPC for the purposes of
maintaining statistical records or
diagnosis.
No
§ 58.0051
Interagency Sharing
of Records
Not Related
Defines juvenile records as "summary
criminal history information."
No
§ 58.006
Destruction of
Certain Records
Not Related
States the conditions under which a
court may order the destruction of
information relating to the conduct for
which a child was taken into custody.
No
§ 58.007
Physical Records or
Files
Not Related
Sets out requirements for the
inspection, maintenance, and storage of
records concerning a child in the
juvenile justice system.
No
92