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
The provision makes confidential ERS records of members,
annuitants, retirees, etc. and provides that ERS “may” release the
records to various individuals. The records covered by this
provision according to ERS include records of participants in the
Texas Employees Group Benefits Program, some of which can
include PHI.
§ 815.503
Records
Related/
Not Contrary
To the extent the released information is PHI, under the OCR
definition of “contrary,” the state law is not contrary since ERS can
comply with both the Privacy Rule and the state law if it does not
release the information.
No
To the extent the information released under subsection (b) is PHI,
the releases are consistent with the Privacy Rule: 45 C.F.R. §
164.502(a)(1) permits disclosure to the individual; 45 C.F.R. §
164.502(e)(1) permits disclosure to business associate; 45 C.F.R.
§ 164.508 permits authorized disclosure; 45 C.F.R. § 164.506(c)
permits disclosure for payment; and 45 C.F.R. § 164.512(a)
permits disclosures required by subpoena.
Title 8: Public Retirement Systems
Chapter 825: Administration
126