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

Texas Family Code
Section
§ 107.053
Prospective
Adoptive Parents to
Receive Copy
§ 107.054
Report Filed With
Court
§ 107.055
Introduction of
Report at Trial
§ 108.001
Transmittal of
Records of Suit by
Clerk
§ 108.008
Filing Information
After Determination
of Paternity
§ 108.110
Release of
Information by
Bureau of Vital
Statistics
§ 152.209
Information to be
Submitted to Court
§ 153.001
Public Policy
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Explanation
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
Preemption
Exception
Is State Law
Preempted?
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 108: Central Record File; Vital Statistics
Not Related
Not Related
Related/
Not Contrary
Pertains to the transmittal and
confidentiality of records of rendered
orders in certain suits; no contemplation
of health information.
Information being disclosed (judicial
determination of paternity) is not health
information.
No covered entity
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 152: Uniform Child Custody Jurisdiction and Enforcement Act
IIHI is not included in the information
Not Related required for the initial pleadings of child
No
custody proceedings.
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 153: Conservatorship, Possession, and Access
Not Related
States a public policy rule that child
support and custody rights are
independent of each other.
No
No
No
No
No
No
No
Recommendation
96