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
§ 62.157
Telemedicine
Medical Services
and Telehealth
Services for
Children With
Special Health
Care Needs
§ 62.157
Telemedicine
Medical Services
§ 62.159
Disease
Management
Services
§ 63.001
Definition
§ 63.002
Not an
Entitlement
§ 63.003
Health Benefits
Plan Coverage
for Certain
Children
§ 63.004
Benefits
Coverage
Required
§ 63.005
Health Benefits
Plan Provider
§ 63.006
Cost-Sharing
Payments
Not Related
Not Related
Related/
Not Contrary
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
This section refers to what is, in essense, a coordination of
benefits. Not contrary 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.
Title 2: Health
Chapter 63: Health Benefits Plan for Certain Children
No
No
No
No
No
No
No
No
No
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