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
§ 93.052
Database of
Clinical
Resources
§ 93.053
Cardiovascular
Disease and
Stroke Database
§ 93.054
Information
Received From
Another State
Agency;
Confidentiality
§ 94.001
State Plan for
Hepatitis C
§ 94.002
Hepatitis C
Education and
Prevention
Program
§ 94.003
Department
Voluntary Testing
Programs
§ 94.004
Training of
Counselors
Not Related
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
Not Related
Subsection (a) authorizes council to "obtain information from
federal and state agencies and from private and public
organizations." That this information will likely contain PHI is
bolstered by the following section, requiring confidentiality of
the info obtained.
However, any covered entities involved would be authorized
to make the required disclosures, as HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b).
Title 2: Health
Chapter 94: State Plan for Hepatitis C; Education and Prevention Program
If anything, state law is stricter by applying the prohibitions on
disclosure to a broader class of persons and permitting
disclosure for a more limited range of purposes. See
94.003(d).
No
No
No
No
No
No
No
187