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
§ 501.061(e)
Orchiectomy for
Certain Sex
Offenders
Related/
Not Contrary
No covered entity
No
Title 4: Executive Branch
Chapter 508: Parole and Mandatory Supervision
§ 508.146(c),(e)
Medically
Recommended
Intensive
Supervision
Related/Not
Contrary
(1) No covered entity.
(2) 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 531: Health and Human Services Commission
§ 531.013
Electronic
Availability of
Technical
Assistance
Related/
Not Contrary
The provision only affects "assistance" between health and human
services agencies rather than the disclosure of confidential health
information.
Assistance may not include any confidential information regarding
a client of a human services provider.
No
§ 531.0214
Medicaid Data
Collection System
Related/
Not Contrary
HIPAA permits certain disclosures by covered entities that are
government programs providing public benefits. 45 C.F.R. §
164.512(k)(6).
No
§ 531.0217(g)
Reimbursement
for Certain
Medical
Consultations
Related/
Not Contrary
HIPAA permits the use and disclosure of IIHI in the course of
certain treatment, payment, and health care operations. 45
C.F.R. § 164.506.
No
§ 531.0312
Texas Information
and Referral
Network
Not Related
Only requires information about the services provided by health
and human services agencies and not information about any
individual's PHI.
No
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