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
§ 42.013
Cooperation
Not Related
Allows the kidney health care division to cooperate with
private or public agencies to facilitate the availability of
adequate care for all citizens with chronic kidney disease.
No
§ 42.014
Scientific
Investigations
Related/
Not Contrary
Allows the kidney health care division to develop and
administer scientific investigations into the cause, prevention,
and cure of kidney disease, inclduing procedures for mass
diagnostic testing.
No
§ 43.004
Oral Health
Improvement
Services
Program
Related/
Not Contrary
Title 2: Health
Chapter 43: Oral Health Care Improvement
All disclosures are consistent with HIPAA, as HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b).
No
§ 43.005
Administration
Related/
Not Contrary
All disclosures are consistent with HIPAA, as HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b). See 25 TAC § 49.13 for corresponding rule
(establishing confidentiality of received information).
No
§ 43.007
Individual
Referral and
Application for
Services
§ 43.008
Eligibility for
Services
§ 43.009
Denial,
Modification,
Suspension, or
Termination of
Services
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
All disclosures are consistent with HIPAA, as HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b). See 25 TAC § 49.04 for corresponding rule
(requiring referrals be made by a third party who is aware of
person's economic condition).
All disclosures are consistent with HIPAA, as HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b).
All disclosures are consistent with HIPAA, as HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b).
No
No
No
141