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

Texas Government Code
Section
Related/
Contrary
Explanation
The provision provides that TRS "may" release information to
various individuals. To the extent the released information is PHI,
under the OCR definition of "contrary," the state law is not contrary
since TRS can comply with both the Privacy Rule and the state law
if it does not release the information.
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 825.507
Record
Confidentiality
Related/
Not Contrary
Since TRS can choose to release the information, we considered
whether, to the extent the information is PHI, the Privacy Rule
permits the disclosures. :
(1) As to (a): 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).
(2) As to (b)(1): HIPAA permits certain disclosures of PHI
to the individual. 45 C.F.R. § 164.502(a).
(3) As to (b)(2): HIPAA permits certain disclosures to an
executor, administrator, or other person with authority to act on
behalf of a deceased person or their estate. 45 C.F.R. §
164.502(g)(4).
(4) As to (b)(3): it seems to be retirement amounts at issue,
not PHI.
(5) As to (b)(4): HIPAA permits a covered entity to make
certain disclosures to business associates. 45 C.F.R. §
164.502(e)(1).
(6) As to (b)(5): HIPAA permits certain uses and
disclosures for payment purposes. 45 C.F.R. § 164.506(c)(1).
(7) As to (b)(6): HIPAA provides for disclosure that is
pursuant to a valid authorization. 45 C.F.R. § 164.508.
(8) As to (b)(7): HIPAA permits disclosure for certain law
enforcement purposes. 45 C.F.R. § 164.512(f).
(9) As to (b)(8): HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45 C.F.R. §
164.512(a)(1); HIPAA permits a covered entity to disclose PHI in
response to court orders, warrants, subpoenas, or summons. 45
C.F.R. § 164.512(f)(1)(i)(A).
No
Title 8: Public Retirement Systems
Chapter 834: Benefits
127