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
§ 121.103
General Duties
Related/
Not Contrary
Requires department, in consultation w/ consortium & local
health units, local health dep'ts & public health districts to,
inter alia, do research on improving health status outcomes &
methods of monitoring those outcomes and study the
technology infrastructure available to improve
communication, access. Grant application, on its face, does
not seem to involve use/disclosure of PHI. See 25 TAC §
83.7.
However, any uses or disclosures required of CE's pursuant
to this section would come within exceptions authorized in
HIPAA:
(1) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
(2) HIPAA permits disclosure for certain law enforcement
purposes. 45 C.F.R. § 164.512(f).
No
Chapter 122
Powers and
Duties of
Counties and
Municipalities
Relating to Public
Health
§ 141.007
Inspections
Related/
Not Contrary
Related/
Not Contrary
Title 2: Health
Chapter 141: Youth Camps
Gives department the authority to enter & investigate;
authorizes department to prescribe record-keeping
requirements "including a requirement that the youth camp
keep records relating to matters involving the health and
safety of campers." Since a youth camp itself is not a
covered entity, records in the hands of a youth camp are not
governed by HIPAA.
Title 2: Health
Chapter 142: Home and Community Support Services
No
No
193