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
§ 12.018
Unannounced
Inspections
Related/
Not Contrary
Any disclosures that covered entities must make to Tex.
Dept. of Health will be consistent with HIPAA.
(1) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
(2) HIPAA permits certain disclosures pursuant to "public
health investigations." 45 C.F.R. § 164.512(b)(1)(i)
No
§ 12.032
Fees for Public
Health Services
§ 12.033
Distribution and
Administration of
Certain Vaccines
and Sera
§ 12.092
Medical Advisory
Board; Board
Members
§ 12.093
Administration;
Rules
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Financial eligibility determination would not involve use or
disclosure of IIHI.
Requires Medical Assistance Board (MAB) to provide
assistance to DPS for certain determinations that may/will
necessitate transfer of PHI.
Subsection (b)(2) authorizes the Medical Assistance Board
(MAB) to "collect and maintain the individual medical records
necessary for use" by the MAB and its panels.
Not contrary to HIPAA because:
(1) MAB is not a covered entity.
(2) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1). See also
25 TAC § 1.152.
No
No
No
No
132