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
§ 35.0061
Referral for
Behavioral or
Emotional
Conditions
Related/
Not Contrary
PHI is not in the hands of a covered entity.
No
Title 2: Health
Chapter 36: Special Senses and Communication Disorders
§ 36.004
Screening
Program for
Special Senses
and
Communication
Disorders
Related/
Not Contrary
Subsection (e) authorizes department coordination of
screening programs among entities, which will probably
involve a good deal of information sharing. See also Sec. 5
of Acts 1999, 76th R.S., Ch. 856.
The program is consistent with HIPAA because:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
(3) 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
§ 36.006
Records; Reports
Related/
Not Contrary
The program is consistent with HIPAA because:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
No
138