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

Texas Government Code
Section
Related/
Contrary
Explanation
Title 4: Executive Branch
Chapter 403: Comptroller of Public Accounts
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 403.011
General Powers
Related/
Not Contrary
Allows comptroller to audit claims for payment, which includes
Medicaid and CHIP claims that contain PHI.
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
§ 403.028(c)
Health Care
Fraud Study
§ 414.008
Privileged
Information
Related/
Not Contrary
Not Related
HIPAA permits certain disclosures for the purpose of health care
oversight. 45 C.F.R. § 164.512(d)(1).
Title 4: Executive Branch
Chapter 414: Crime Stoppers Advisory Council
Does not affect the privacy of PHI.
Title 4: Executive Branch
Chapter 418: Emergency Management
No
No
§ 418.175
Certain
Information
Confidential
Related/
Not Contrary
To the extent the provision applies to a covered entity and the
information made confidential by this provision is PHI, the
confidentiality under this law does not prevent a covered entity
from disclosing a designated record set to which an individual has
a right of access under 45 C.F.R § 164.524. See 45 C.F.R. §
164.501 (defining designated records set).
No
§ 420.010
Confidentiality
Related/
Not Contrary
Title 4: Executive Branch
Chapter 420: Sexual Assault Prevention and Crisis Services
The attorney general is not a covered entity. As a business
associate of a covered entity, the attorney general is bound by the
business associate agreement. See 45 C.F.R. § 160.103
(defining business associate).
No
117