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
§ 62.004
Federal Law and
Regulations
§ 62.051
Duties of
Commission
§ 62.052
Duties of Texas
Department of
Health
§ 62.053
Duties of Texas
Department of
Human Services
§ 62.054
Duties of Texas
Department of
Insurance
§ 62.055
Contracts for
Implementation
of Child Health
Plan
§ 62.058
Fraud Prevention
§ 62.0582
Third-Party Billing
Vendors
§ 62.101
Eligibility
§ 62.1015
Eligibility of
Certain Children;
Disallowance of
Matching Funds
Not Related
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Not Related
Not Related
See 1 TAC Chapter 370 for corresponding rules.
CHIP is a covered entity that is disclosing health information
under this section. However, there is no conflict because TDI
has the authority to regulate health insurers providing care
and can assess/regulate the quality of care. 45 C.F.R. §
164.512(d).
No
No
No
No
No
No
No
No
No
No
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