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

Texas Government Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 420.031(e)
Evidence
Collection
Protocol; Kits
Related/
Not Contrary
HIPAA permits certain disclosures of PHI pursuant to the
individual's permission. 45 C.F.R. § 164.510.
No
Title 4: Executive Branch
Chapter 441: Libraries and Archives
§ 441.053
Not Related
Repealed
No
Title 4: Executive Branch
Chapter 493: Texas Department of Criminal Justice: Organization
§ 493.017
Reports on Sex
Offender
Treatment
Related/
Not Contrary
To the extent a sex offender correction program is a covered entity
and the reported information is PHI, HIPAA permits appropriately
limited disclosure of PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
No
Title 4: Executive Branch
Chapter 501: Inmate Welfare
§ 501.008
Inmate Grievance
System
Related/
Not Contrary
Although subsection (c) makes confidential a "report prepared by
the Texas Department of Criminal Justice (TDCJ) in response to
an inmate grievance," and such reports could conceivably contain
"health information." As TDCJ is not a covered entity, the law
does not affect the release of PHI by a covered entity.
No
§ 501.054(g)
AIDS and HIV
Education;
Testing
Related/
Not Contrary
No covered entity
No
§ 501.055
Report of Inmate
Death
Related/
Not Contrary
No covered entity
No
§ 501.057
Civil
Committment
Before Parole
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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