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
§ 81.046
Confidentiality
Related/
Not Contrary
Not Contrary to HIPAA because:
(1) Section does not appear to apply to any covered entity.
(2) To the extent a covered entity is involved, HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b).
(3) As to (b): HIPAA permits disclosure for certain law
enforcement purposes. 45 C.F.R. § 164.512(f).
See also 25 TAC §§ 97.08 and 97.10 for corresponding rules.
No
§ 81.047
Epidemiological
Reports
Related/
Not Contrary
No
§ 81.048
Notification of
Emergency
Personnel, Peace
Officers, and Fire
Fighters
Related/
Not Contrary
Not contrary to HIPAA because HIPAA permits disclosure for
certain public health activities. 45 C.F.R. § 164.512(b).
(Subject to the minimum necessary standards in 45 C.F.R. §
164.502(b)(1).) See 25 TAC § 97.11 for corresponding rule.
No
§ 81.049
Failure to Report;
Criminal Penalty
Related/
Not Contrary
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
§ 81.050
Mandatory
Testing of
Persons
Suspected of
Exposing Certain
Other Persons to
Reportable
Diseases,
Including HIV
Infection
Related/
Not Contrary
See 25 TAC § 97.13 for corresponding rules.
No
§ 81.051
Partner
Notification
Programs; HIV
Infection
Related/
Not Contrary
No
156