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
§ 559.003
Right to Notice
About Certain
Information Laws
and Practices
Not Related
Requires state governmental bodies to inform individuals about
what information the individual is entitled to receive and other
information, but does not affect the privacy of such information.
No
§ 559.004
Right to
Correction of
Incorrect
Information
Not Related
Requires each state government to establish certain procedures
for individuals to correct information, but does not affect the
privacy or release of such information.
No
§ 559.005
Applicability of
and Construction
With Public
Information Law
Not Related
Makes state governmental bodies subject to charges under the
Public Information Act for the release of information collected
about an individual, but does not affect the privacy of IHII.
Title 7: Intergovernmental Relations
Chapter 774: Exchange of Information Between Regulatory Agencies
No
§ 774.002
Duty to Exchange
Information
Related/
Not Contrary
HIPAA permits certain disclosures for the purpose of health care
oversight. 45 C.F.R. § 164.512(d)(1).
No
Title 8: Public Retirement Systems
Chapter 803: Proportionate Retirement Program
§ 803.402
Records
Related/
Not Contrary
The shared information is for administering the proportionate
retirement program and therefore is not PHI.
No
Title 8: Public Retirement Systems
Chapter 815: Administration
125