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
§ 81.352
Warning Sign
Required; Rules
§ 81.353
Administrative
Penalty
§ 82.001
Short Title
§ 82.002
Definitions
§ 82.003
Applicability of
Chapter
§ 82.004
Registry
Required
§ 82.005
Content of
Registry
§ 82.006
Board Powers
§ 82.007
Reports
§ 82.008
Data From
Medical Records
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
No covered entity involved.
Title 2: Health
Chapter 82: Cancer Registry
Not Contrary to HIPAA because:
(1) The Cancer Registry is not a 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).
See also 25 TAC §§ 91.3 and 91.4 for corresponding rules.
No
No
No
No
No
No
No
No
No
No
169