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
§ 39.002
Children's
Outreach Heart
Program
§ 40.002
Epilepsy Program
§ 41.002
Hemophilia
Assistance
Program
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b). See 25 TAC § 61.78(b) for
corresponding rules.
Title 2: Health
Chapter 40: Epilepsy
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b). See 25 TAC § 37.221 for
corresponding rules.
Title 2: Health
Chapter 41: Hemophilia
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b). See 25 TAC § 32.124(b) for
corresponding rules.
Title 2: Health
Chapter 42: Kidney Health Care
No
No
No
§ 42.004
Services
Related/
Not Contrary
Not contrary because the Kidney Health Care Program is not
a covered entity, nor is it a group or individual plan under
HIPAA. Unlike insurance, this plan pays providers directly for
care and is not designed to spread risk across a pool. See
25 TAC § 61.14 for correspondng rules.
No
§ 42.0045
Distribution of
Drugs and
Devices
§ 42.005
Facilities
§ 42.007
Eligibility for
Services
Related/
Not Contrary
Not Related
Related/
Not Contrary
Not contrary because the Kidney Health Care Program is not
a covered entity, nor is it a group or individual plan under
HIPAA. Unlike insurance, this plan pays providers directly for
care and is not designed to spread risk across a pool. See
25 TAC § 61.14 for correspondng rules.
Does not address the use or disclosure of PHI. See 25 §
TAC 61.02, 61.10, and 61.11 for corresponding rules.
No
No
No
140