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
§ 89.071
Reporting
§ 89.072
Rulemaking
§ 89.073
Adoption of Local
Standards
§ 89.101
Definitions
§ 89.102
Report of
Release
Chapter 90
Osteoporosis
Chapter 91
Prostate Cancer
Education
Program
§ 92.006
Duties of
Department
§ 92.001
Definitions
§ 92.002
Reportable Injury;
Rules
§ 92.003
Reporting
Requirements
Related/
Not Contrary
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1). See also 25
TAC § 97.178 (Reporting) for corresponding rule.
Title 2: Health
Chapter 92: Injury Prevention and Control
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1). Requires
reporting of certain injuries as defined by dep't by rule;
Implemented in § 103.12 (List of Reportable Injuries and
Conditions).
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1). See also 25
TAC §§ 103.14-.17 for corresponding rule, and § 103.18-.19
of this code.
No
No
No
No
No
No
No
No
No
No
No
183