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

Texas Government Code
Section
§ 531.0315
Implementing
National
Electronic Data
Interchange
Standards for
Health Care
Information
Related/
Contrary
Related/
Not Contrary
Explanation
The provision requires Health and Human Services agencies that
are health care providers or claim payers to comply with HIPAA or
get an extension with regard to national data interchange
standards by seeking a waiver from the Secretary.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 531.042(a), (b)
Information and
Assistance
Regarding Care
and Support
Options; Reports
Not Related
Does not involve the disclosure or use of PHI.
No
§ 531.047
Substitute Care
Provider Outcome
Standards
Related/
Not Contrary
The "client information" at issue does not include PHI.
No
§ 531.051(g)
Voucher Program
for Payment of
Certain Services
for Persons with
Disabilities
Related/
Not Contrary
(1) HIPAA permits disclosure to a family member or personal
representative. 45 C.F.R. § 164.502.
(2) HIPAA permits disclosure to individuals involved in a person's
care. 45 C.F.R. § 164.510(b)(1).
No
§ 531.055
Memorandum of
Understanding on
Services for
Persons Needing
Multiagency
Services
Related/
Not Contrary
The statute is merely a directive to have a memorandum of
understanding. Also, subsection (12) requires that any release of
information be in compliance with other law.
No
120