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
§ 87.021
Surveillance
Program;
Registry
Established
§ 87.022
Data Collection
§ 87.023
Referral for
Services
§ 87.041
Investigations
§ 87.042
Departmental
Investigatory
Powers
§ 87.061
Registry;
Confidentiality
§ 87.062
Access to
Information
§ 87.063
Research;
Review and
Approval
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
See 25 TAC §§ 37.305 and 37.306 for corresponding rule.
Covered entities must permit investigations, and HIPAA
permits disclosure of PHI to a health oversight agency for
oversight activities authorized by law, including certain
oversight of government benefit plans. 45 C.F.R. §
164.512(d)(2).
The department is not a covered entity and the only people to
whom info could be disclosed would be employees or people
who have gone through the Internal Review Board (IRB)
process--which in turn would be consistent with HIPAA
protocols.
Registry is not a covered entity. See 25 TAC § 37.306 for
corresponding rule.
See 25 TAC §37.306 for corresponding rule.
No
No
No
No
No
No
No
No
§ 87.064
Report of Central
Registry Activities
and Findings
Related/
Not Contrary
No
180