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
§ 87.065
Coordination
With Mexico
§ 87.063
Research;
Review and
Approval
§ 88.002
Confidentiality
§ 88.003
Reportable
Health Condition
§ 88.004
Persons
Required to
Report
§ 88.005
Reporting
Procedures
§ 88.006
Reports of
Hospitalization;
Death
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
See 25 TAC §§ 37.302, 37.303, and 37.305 for
corresponding rules.
Title 2: Health
Chapter 88: Reports of Childhood Lead Poisoning
Not Contrary to 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). See 25 TAC
§§ 37.333for corresponding rule.
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b). See 25 TAC § 37.334(g) for
corresponding rule.
Not Contrary to 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).
See 25 TAC §§ 37.335 for corresponding rule.
Not Contrary to 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).
See 25 TAC §§ 37.336 for corresponding rule.
Not Contrary to 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).
No
No
No
No
No
No
No
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