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
§ 552.102
Exception:
Personnel
Information
Related/
Not Contrary
(1) PHI does not include IIHI in employment records held by a
covered entity in its role as an employer. 45 C.F.R. § 160.103.
(2) HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
§ 552.103
Exception:Litigatio
n or Settlement
Negotiations
Involving the
State or a Political
Subdivision
Related/
Not Contrary
To the extent that the information related to lititgation includes PHI
maintained 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
§ 552.115
Exception: Birth
and Death
Records
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
§ 552.14
Military Discharge
Records
Related/
Not Contrary
(1) The definition of PHI does not include IIHI in employment
records held by a covered entity in its role as an employer. 45
C.F.R. § 160.103.
(2) To the extent that military discharge records include PHI
maintained 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
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