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
§ 86.002
Standardized
Written Summary
Not Related
No
§ 86.003
Advisory Council
§ 86.004
Distribution of
Summary
§ 86.005
Funding
§ 86.011
Breast Cancer
Screening
§ 86.012
Advisory
Committee
§ 87.001
Definitions
§ 87.002
Confidentiality
§ 87.003
Contracts
§ 87.004
Limitation of
Liability
§ 87.005
Cooperation of
Governmental
Entities
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Related/
Not Contrary
Not Related
Title 2: Health
Chapter 87: Birth Defects
HIPAA authorizes the disclosure (HIPAA permits disclosure
for certain public health activities. 45 C.F.R. § 164.512(b)),
and all info would come from central registry which is not a
covered entity. In addition, the department is bound by the
Common Rule.
No
No
No
No
No
No
No
No
No
No
179