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

Texas Health & Safety Code
Section/
Chapter
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 12.0123
External Audits of
Certain Medicaid
Contractors
Based on Risk
Related/
Not Contrary
The disclosures to the Tex. Board of Health under this
section are not contrary:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits the use and disclosure of IIHI in the
course of certain treatment, payment, and health care
operations. 45 C.F.R. § 164.506.
No
§ 12.0123
External Audits of
Certain Medicaid
Contractors
*(Code contains
two section of the
same number.)
Related/
Not Contrary
The disclosures to the Tex. Board of Health under this
section are not contrary:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits the use and disclosure of IIHI in the
course of certain treatment, payment, and health care
operations. 45 C.F.R. § 164.506.
No
§ 12.0124
Electronic
Transactions;
State Medicaid
Program
§ 12.0125
Drug Rebates
§ 12.0145
Information About
Enforcement
Actions
Related/
Not Contrary
Not Related
Related/
Not Contrary
Establishes pro-electronic-transaction policy; requires Texas
Dept. of Health to implement policies that encourage the use
of electronic transactions.
HIPAA regulates electronic transactions, but does not contain
provisions that would conflict with a state's encouragement of
such transactions.
Subsection (b) is related to the privacy of IIHI. It provides that
the Tex. Dept. of Health (TDH) "shall publish and provide the
[enforcement action] information in a way that does not serve
to identify a complainant."
Not Contrary to HIPAA because:
(1) TDH is not a covered entity and none of the TDH's
covered components are involved.
(2) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
No
No
No
131