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

Texas Government Code
Section
§ 33.023
Physical or Mental
Incapacity of
Judge
Related/
Contrary
Related/
Not Contrary
Preemption
Explanation
Exception
Title 2: Judicial Branch
Chapter 33: State Commission on Judicial Conduct
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
Is State Law
Preempted?
No
Recommendation
§ 33.032
Confidentiality of
Papers, Records,
and Proceedings
Related/
Not Contrary
No covered entity
No
Title 2: Judicial Branch
Chapter 62: Petit Juries
§ 62.109
Exemption for
Physical or Mental
Impairment or
Inability to
Comprehend
English
Related/
Not Contrary
No covered entity
No
Title 2: Judicial Branch
Chapter 76: Community Supervisions and Corrections Departments
§ 76.017(f)
Treatment
Alternative to
Incarceration
Program
Related/
Not Contrary
HIPAA permits certain disclosures to a correctional institution or
law enforcement offical having lawful custody of an inmate or other
individual. 45 C.F.R. § 164.512(k)(5).
No
Title 3: Legislative Branch
Chapter 321: State Auditor
§ 321.013(e)
Powers and
Duties of State
Auditor
Related/
Not Contrary
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
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