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
§ 36.007
Provision of
Remedial
Services
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
§ 36.012
Research; Report
to Legislature
Related/
Not Contrary
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b).
Title 2: Health
Chapter 37: Abnormal Spine Cuvature in Children
No
§ 37.001
Screening
Program for
Abnormal Spinal
Curvature
Related/
Not Contrary
Not Contrary to HIPAA because:
(1) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
(2) Rules providing for confidentiality of information are
consistent with HIPAA protections.
No
§ 37.003
Reports
Related/
Not Contrary
Disclosures to the Tex. Dept. of Health under this section are
not contrary to HIPAA:
(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
§ 38.001
Program
Established
Not Related
Title 2: Health
Chapter 38: Pediculosis of Minors
Title 2: Health
Chapter 39: Children's Outreach Heart Program
No
139