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

Texas Family Code
Section
§ 61.102
Right to be Informed
of Proceeding
Related/
Contrary
Related/
Not Contrary
Preemption
Explanation
Exception
Title 3: Juvenile Justice Code
Is State Law
Preempted?
Chapter 61: Rights and Responsibilities of Parents and Other Eligible Persons
No covered entity
Title 4: Protective Orders and Family Violence
Chapter 82: Applying for Protective Order
No
Recommendation
§ 82.010
Confidentiality of
Application
Related/
Contrary
A covered entity would find it impossible
to comply with this law and HIPAA.
State law
provisions which
are more stringent
than the HIPAA
Privacy Rule are
not preempted. 45
C.F.R. §
160.203(b).
No: (1) An
exception
applies; and
(2) This law
currently
implies that it
is only
applicable to
the Harris
County court
system, which
is not a
covered entity.
A covered entity could believe itself
to be bound by this law as it is
currently written in some
circumstances.
Please consider amending this law
to clarify that it is only applicable to
personnel in the court system.
§ 85.021
Requirements of
Order Applying to
Any Party
§ 85.024
Enforcement of
Counseling
Requirement
§ 102.0086
Confidentiality of
Pleadings
Not Related
Related/
Not Contrary
Title 4: Protective Orders and Family Violence
Chapter 85: Issuance of Protective Order
Lists the actions that a court may take in
a protective order.
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 102: Filing Suit
Provides for the confidentiality of
Not Related pleadings and other documents when
No
filed in a county of a certain size.
No
No
94