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
Title 2: Health
Chapter 32: Maternal and Infant Health Improvement
§ 32.003
Maternal and
Infant Health
Improvement
Services
Program
Not Related
Seems only to grant authority to establish the program.
No
§ 32.017
Records and
Review
Related/
Not Contrary
Program is not a covered entity.
No
§ 32.042
Duties of Board;
Review
Related/
Not Contrary
Disclosures under this section are not contrary to
HIPAA:
(1) The program itself is not a covered entity. It does not fall
within the definitions of group or individual health plans, nor
does it provide any direct services (or perform clearinghouse
functions).
(2) Any disclosures to the board, particularly those in
subsection (b)(6) (providing for collection of data including
patient outcomes) would be allowed, as 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
§ 32.043
Duties of
Department
Not Related
No
Title 2: Health
Chapter 33: Phenylketonuria, Other Heritable Diseases, and Hypothyroidism
§ 33.002
Detection and
Treatment
Program
Established
Not Related
Seems merely to establish the program.
No
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