Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Health & Safety Code
Section/
Chapter
§ 89.001
Definitions
§ 89.002
Scope of Chapter
§ 89.011
Screening of Jail
Employees and
Volunteers
§ 89.012
Follow-up
Evaluations and
Treatment
§ 89.013
Certificate
Required
§ 89.014
Cost of Tests,
Follow-Up, and
Treatment
§ 89.051
Inmate Screening
Required
§ 89.052
Rescreening;
Diagnostic
Evaluations
§ 89.053
Follow-up
Evaluations
§ 89.054
Inmate Transfer
and Release
Related/
Contrary
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Title 2: Health
Chapter 89: Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities
The governing body of a jail or community corrections facility
would not be a covered entity. Also, unless otherwise noted,
any disclosure required of a covered entity to a correctional
institution or jail falls within the authorized disclosures for
specialized correctional institution purposes in 45 C.F.R. §
164.512(k).
No
No
No
No
No
No
No
No
No
No
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