Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Health & Safety Code
Section/
Chapter
§ 47.003
Newborn Hearing
Screening,
Tracking, and
Intervention
Program
§ 47.005
Information
Concerning
Screening
Results and
Follow-up Care
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Explanation
Subsection (c) authorizes the Tex. Dept. of Health to
maintain data on each newborn who receives services under
a program.
The program is consistent with HIPAA because HIPAA
permits disclosure for certain public health activities. 45
C.F.R. § 164.512(b). See 25 TAC § 37.503(d) for
corresponding rule.
This section requires screening reports to be reported to
parents, attending physician/health care provider, and the
Tex. Dept. of Health.
This section is consistent with HIPAA because HIPAA
permits disclosure for certain public health activities. 45
C.F.R. § 164.512(b). See 25 TAC § 37.507 for
corresponding rule.
Preemption
Exception
Is State Law
Preempted?
No
No
Recommendation
Subsection (c) requires that parental consent be obtained
before any IIHI about a newborn is released through the
system.
§ 47.007
Information
Management,
Reporting, and
Tracking System
Related/
Not Contrary
The section is consistent with HIPAA because:
(1) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
(2) HIPAA permits the disclosure of a minor's PHI to a parent
or guardian if such individuals have the authority to act of
behalf of the minor under applicable law. 45 C.F.R. §
164.502(g). See 25 TAC §§ 37.509 and 37.510 for
corresponding rules.
No
§ 47.008
Confidentiality
and General
Access to Data
Related/
Not Contrary
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b). See 25 TAC § 37.511 for
corresponding rule.
Title 2: Health
Chapter 48: Training and Regulation of Promotoras and Community Health Workers
No
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