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

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Texas Health & Safety Code Section/ Chapter Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 92.004 Powers and Duties of Department § 92.005 Access to Information § 92.006 Confidentiality § 92.007 Investigations § 92.008 Technical Advisory Committee on Injury Reporting § 92.009 Coordination With Texas Workers' Compensation Commission § 92.010 Coordination With Texas Rehabilitation Commission § 92.011 Coordination With Texas Traumatic Brain Injury Advisory Council Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Not Related Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary See § 103.20 (General Control Measures for Reportable Injuries) and § 103.21 (Powers and Duties of the Department). As a policy matter, Tex. Dept. of Health requires "consent" from all persons named in the report. See also § 103.22 (Confidential Nature of Case Reporting). See 25 TAC § 103.23 (Investigations) for corresponding rules. No No No No No No No No 184
Texas Health & Safety Code Section/ Chapter Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 92.051 Definitions § 92.052 Advisory Council; Associated Agency § 92.053 Membership § 92.054 Officers § 92.055 Restrictions on Members § 92.056 Terms; Vacancy § 92.057 Compensation; Expenses § 92.058 Meetings § 92.059 Duties of the Council § 92.060 Duties of the Department § 92.061 Additional Council Duties Not Related Not Related Not Related Not Related Not Related Not Related Not Related Not Related Not Related Related/ Not Contrary Not Related Council is an advisory one within the department, but it does not appear from the statute that any of the Council's functions would involve use/disclosure of PHI. Any effect on the privacy of IIHI would therefore be attenuated, if at all. Under the Transition Plan, the Advisory Council will be moved to DADS, so the way disclosures will be made in the future is not entirely clear. See also Tex. Health & Safety Code § 92.052. At Tex. Dept. of Health, however, no IIHI could be given to the Council without the Council going through the Internal Review Board (IRB) process. If this procedure is continued, there will be no conflicts. No No No No No No No No No No No 185
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REPORT OF THE OFFICE OF THE ATTORNE
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TABLE OF CONTENTS Preface 1 HIPAA a
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ules, policies, and procedures. She
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health care privacy and has given n
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eviewed their assigned codes to loo
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HIPAA STATE LAW RESULT Requires a u
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HIPAA, the Task Force generally not
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HIPAA 45 C.F.R. § 164.508(c)(1) de
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65 Fed. Reg. at 82744. OCR also ind
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elatively straightforward. In other
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Public Information Act because the
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Elderly or Disabled Persons; Confid
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Texas Administrative Code Section 1
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Texas Administrative Code Section P
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Texas Business & Commerce Code 15.0
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Texas Business & Commerce Code Sect
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Cases & Common Law Principles Case
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Cases & Common Law Principles Case
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Texas Civil Practice & Remedies Cod
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Texas Code of Criminal Procedure Ar
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Texas Code of Criminal Procedure Ar
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Texas Family Code Section § 5.002
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Texas Family Code Section Related/
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Texas Government Code Section § 33
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Texas Government Code Section Relat
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Texas Health & Safety Code Section/
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Texas Labor Code Section Chapter 1
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Texas Labor Code Section Related/ C
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Texas Labor Code Chapter/ Section R
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Texas Labor Code Chapter/ Section C
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Texas Labor Code Chapter/ Section C
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Texas Labor Code Chapter/ Section
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Texas Labor Code Chapter/ Section
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Texas Occupations Code Section § 5
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Texas Rules of Appellate Procedure
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Texas Rules of Evidence Rule Relate
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Texas Transportation Code Section R
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Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

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