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
§ 82.009
Confidentiality
§ 82.010
Immunity From
Liability
§ 82.011
Examination and
Supervision Not
Required
§ 83.001
Definitions
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Not Contrary to HIPAA because:
(1) The Cancer Registry is not a covered entity.
(2) It is worth noting that there is no particular standard for
determining what qualifies as "epidemiological information" or
"statistical purposes."
See also 25 TAC §§ 91.3 and 91.4 for corresponding rules.
Does not address whether an individual could be sanctioned
under HIPAA.
Title 2: Health
Chapter 83: Exposure to Agent Orange
No
No
No
No
§ 83.002
Reports to
Department
§ 83.003
Information to
Department
§ 83.004
Reports by
Department
§ 83.005
Confidentiality
§ 83.006
Immunity From
Liability
§ 83.007
Class Action Suit
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
No authorization is required and is it consistent with HIPAA
because:
(1) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
(2) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
The department is not a covered entity, and the department
would lack the authority to obtain records without a vet's
authorization.
This is a confidentiality provision that does not conflict with
HIPAA. See 25 TAC § 339.4 for corresponding rule.
Entities are required to comply with both this chapter and the
provisions of HIPAA - no impact on HIPAA.
No
No
No
No
No
No
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