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
§ 48.001
Definition
Related/
Not Contrary
Not Contrary to HIPAA because:
(1) Promotoras are not covered entities, as they are not
authorized to provide care.
(2) HIPAA permits the use and disclosure of IIHI in the
course of certain health care operations. 45 C.F.R. §
164.506.
No
Chapter 49
Anatomical Gift
Educational
Program
§ 61.001
Short Title
§ 61.002
Definitions
§ 61.003
Residence
Not Related
Not Related
Not Related
Not Related
Title 2: Health
Chapter 61: Indigent Health Care and Treatment Act
Eligibility determination/appeal will involve at a minimum the
use/disclosure of IIHI.
No
No
No
No
§ 61.004
Residence or
Eligibility Dispute
Related/
Not Contrary
Not contrary to HIPAA because 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. Note that
such disclosures would be subject to minimum necessary
restrictions -- unless disclosure is required by law.
No
§ 61.0045
Information
Necessary to
Determine
Eligibility
Related/
Not Contrary
Under this section, a provider may require the patient to
authorize the release of any information (including medical) in
order for the provider to submit a claim.
These disclosures are not contrary to HIPAA, as 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
144