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
§ 61.005
Contribution
Toward Cost of
Assistance
§ 61.006
Standards and
Procedures
§ 61.007
Information
Provided by
Applicant
§ 61.008
Eligibility Rules
Not Related
Not Related
Related/
Not Contrary
Not Related
Subsections (a) & (d) merely require the Tex. Dept. of Health
to establish eligibility standards and application,
documentation, and verification procedures for eligibility
determinations.
The information at issue is provided by the applicant.
Seems to relate only to a person's financial information, not
IIHI.
No
No
No
No
§ 61.009
Reporting
Requirements
Related/
Not Contrary
Subsection (b) provides that the reports required by the
department must include "relevant characteristics of eligible
residents." (Not clear what these characteristics are or to
whom the report is released.)
Any disclosures under the subsection 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. See 25 TAC §§
14.1(c)(11) and 14.302 for corresponding rules.
No
§ 61.010
Dedicated Tax
Revenues
Not Related
No
§ 61.011
Services by State
Hospital or Clinic
Not Related
No
§ 61.021
Application of
Subchapter
Not Related
No
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