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
§ 95.001
Children's
Asthma Disease
Management
Pilot Study
§ 95.002
Report
§ 95.003
Expiration Date
§ 101.008
Duties of
Department
§ 101.010
Report
Chapter 102
Texas Cancer
Council
§ 103.014
Powers and
Duties
§ 104.022
Proposed State
Health Plan
§ 104.041
State Health
Planning and
Development
Agency
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Title 2: Health
Chapter 95: Children's Asthma Disease Management Pilot Study
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b).
Data is aggregated.
Title 2: Health
Chapter 101: Texas Council on Alzheimer's Disease and Related Disorders
Does not involve use or disclosure of PHI.
See 25 TAC §§ 703.14 and 703.11 for corresponding rules.
Title 2: Health
Chapter 103: Texas Diabetes Council
Title 2: Health
Chapter 104: Statewide Health Coordinating Council and State Health Plan
§ 104.012 requires the statewide council to adopt rules. They
are found in Chapter 571 of Title 25 of the TAC and appear
not to contain any provisions related to the privacy of IIHI.
No
No
No
No
No
No
No
No
No
188