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
§ 85.253
Prohibitions
Relating to Home
Testing
§ 85.254
Package of
Services
§ 85.255
Qualified Facility
§ 85.256
Oral Reporting
§ 85.257
Counseling;
Counseling
Protocols
§ 85.258
Labeling
§ 85.259
Enforcement
§ 85.260
Confidentiality
§ 85.261
Certain
Technology
Prohibited
§ 85.262
Reports
§ 86.001
Purpose
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Limitations on disclosure are broader (and the section
therefore stricter) than in HIPAA inasmuch as they apply to
any person. Thus, it seems that any person who makes a
disclosure concerning a test result would be violating the
section. Also, this section doesn't have an exception for
treatment, payments, and health care operations, like HIPAA
(45 C.F.R. § 164.506).
Title 2: Health
Chapter 86: Breast Cancer
No
No
No
No
No
No
No
No
No
No
No
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