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

Texas Government Code
Section
§ 531.156
Designation of
Advocate
Related/
Contrary
Related/
Not Contrary
Explanation
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 531.161
Access to
Records
Related/
Not Contrary
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
Title 4: Executive Branch
Chapter 533: Implementation of Medicaid Managed Care Program
No
§ 533.012
Information for
Fraud Control
Not Related
Although this provision requires managed care organizations to
submit information regarding subcontractors to the Health and
Human Services Commission (HHSC), and provides that such
information is confidential, the information does not appear to be
"health information" as that term is defined by 45 C.F.R. §
160.103.
No
Title 5: Open Government; Ethics
Chapter 552: Public Information
§ 552.022
Categories of
Public
Information;
Examples
Related/
Not Contrary
To the extent that the information constitutes PHI disclosed by a
covered entity, HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. § 164.512(a)(1).
See also Open Records Decision No. 681 (2004).
No
§ 552.023
Special Right of
Access to
Confidential
Information
Related/
Not Contrary
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
See also Open Records Decision No. 681 (2004). This decision
has been challenged in court. See Notes Relevant to Particular
Codes (# 3) concerning the Government Code.
No
§ 552.101
Exception:
Confidential
Information
Related/
Not Contrary
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
See also Open Records Decision No. 681 (2004). This decision
has been challenged in court. See Notes Relevant to Particular
Codes (# 3) concerning the Government Code.
No
122