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
§ 12.095
Board Panels;
Powers and
Duties
Related/
Not Contrary
The section authorizes the Texas Department of Public
Safety (DPS) to require medical exams and/or medical
records review. There will be no conflict with HIPAA,
however, because the examination will be the result of an
individual seeking a driver's license. The individual will give
consent to the testing in seeking the license.
Additionally:
(1) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
(2) HIPAA permits disclosure for certain law enforcement
purposes. 45 C.F.R. § 164.512(f).
(3) HIPAA permits a covered entity to disclose PHI in the
course of a judicial or administrative proceeding in response
to a court order. 45 C.F.R. § 164.512(e)(1)(i).
No
§ 12.096
Physician Report
Related/
Not Contrary
Disclosures made to the Texas Department of Public Safety
(DPS) under this subsection are not contrary to HIPAA, as
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b).
No
§ 12.097
Confidentiality
Requirements
Related/
Not Contrary
Disclosures made to the Texas Department of Public Safety
(DPS) under this subsection are not contrary to HIPAA, as
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b).
No
§ 13.002
Admission of
Other Patients
§ 13.005
Care and
Treatment of
Certain Patients
Related/
Not Contrary
Related/
Not Contrary
Title 2: Health
Chapter 13: Health Department Hospitals and Respiratory Facilities
Tex. Board of Health is not a covered entity.
No
No
133