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
§ 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
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