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

Texas Government Code
Section
§ 531.063(c)
Vaccines for
Children Program
Provider
Enrollment and
Reimbursement
Related/
Contrary
Related/
Not Contrary
Explanation
The Texas Department of Health has not designated this function
as a covered function. See 45 C.F.R. § 160.103(2)(ii)(B)(1) for
definition of "health plan."
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 531.067(g)
Public Assistance
Health Benefit
Review and
Design
Committee
Related/
Not Contrary
The Public Assistance Health Benefit Review and Design
Committee is not obtaining PHI under this statute.
No
§ 531.102(d),(a)
Office of
Inspector General
Related/
Not Contrary
To the extent the Health and Human Services Commission Office
of Inspector General obtains PHI from a covered entity, HIPAA
permits certain disclosures for the purpose of health care
oversight. 45 C.F.R. § 164.512(d)(1).
No
§ 531.154
Notification
Required
Related/
Not Contrary
To the extent the institution is a covered entity and the notification
constitutes PHI:
(1) HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
(2) 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
§ 531.155
Offer of Services
Not Related
Does not involve the disclosure or use of PHI.
No
121