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

Texas Health & Safety Code
Section/
Chapter
§ 104.042
Data Collection
§ 104.0421
Statewide Data
Collection and
Coordination
§ 104.043
Failure to Submit
Data; Civil
Penalty
Chapter 105
Health
Professions
Resource Center
§ 107.003
Duties
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
Explanation
104.042 (e) is modified by HB 3126 but still keeps IIHI
confidential. See 25 TAC sections 13.11-13.20. Appears not
to require collection of PHI. See 25 TAC 13.14. But see 25
TAC 13.19, providing that specific patient information
received pursuant to Chapters 311 or 104 are confidential;
HB 3126
Rules promulgated pursuant to § 105.007 are to be found in
25 TAC §§ 39.91-39.94. The clearinghouse appears to
involve only provider information and not PHI.
Title 2: Health
Chapter 107: Health Disparities Task Force
Title 2: Health
Chapter 108: Texas Health Information Council
Preemption
Exception
Is State Law
Preempted?
No
No
No
No
No
Recommendation
189