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
§ 13.034
Board Duties
Related/
Not Contrary
Tex. Board of Health is not a covered entity.
No
§ 31.007
Application for
Services
Title 2: Health
Chapter 31: Primary Health Care
§ 31.008
Eligibility for
Service
Related/
Not Contrary
Although the eligibility determination may involve
use/disclosure of IIHI, HIPAA does not control because the
program at issue is not a covered entity. The program is
merely a funding source; it provides grants to covered
providers; the only providers of direct services, the clinics,
are severed from the program. In addition, the program is not
a group or individual health plan, nor is it one of the 17
governmental programs defined-in to "health plan" in 45
C.F.R. § 160.103.
No
However, some in the group think that the Program actually
functions as an insurer and that the program's definition could
be clarified.
§ 31.015
Records and
Review
Related/
Not Contrary
All of the disclosures are consistent with HIPAA:
(1) 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. See also 45 C.F.R. §
164.502.
(2) HIPAA permits covered entities to disclose PHI for
"appropriate oversight of . . . Government benefit programs
for which health information is relevant to beneficiary
eligibility." 45 C.F.R. § 164.512(d)(1)(ii)
No
134