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

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Texas Health & Safety Code Section/ Chapter Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 142.009 Surveys; Consumer Complaints Related/ Not Contrary Dept. of Human Services has identified itself as a covered entity but has not identified any health care components. Therefore, DHS is a wholly covered entity and not a hybrid. §§ 142.009(d)(1) and (2) authorize DHS to release the "reports, records, and working papers used or developed in an investigation made under [the] section" to a state or federal agency or to law enforcement personnel. On its face, the authorized disclosure does not incorporate HIPAA's limitations on such disclosure. As a covered entity, DHS could be required to follow such limitations. However, it appears that DHS could release them in a non-HIPAA deidentified manner consistently with its functions as a health oversight agency. No As a matter of clarification, there is no distinction within the statute for "agency" as used to refer to a licensee and "agency" as used to refer to a governmental entity. § 142.0092 Consumer Complaint Data § 142.0093 Resolution Prohibited Related/ Not Contrary Not Related The complaint is made by the consumer--and therefore may be IIHI but is not PHI b/c consumer makes complaint and brings to the attention of the covered entity. Note that in (b), there is a reference to deidentification. Given DHS's designation as a covered entity, this information may be HIPAA de-identified and may therefore not meet the "useful format" requirement. On the other hand, it appears that such information would be released pursuant to DHS's health oversight functions and may not have to follow HIPAA's more stringent de-identification procedures. No No 194
Texas Health & Safety Code Section/ Chapter Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 142.0094 Use of Regulatory Survey Reports and Other Documents § 142.012 Powers and Duties § 142.013 Injunction § 142.014 Civil Penalties § 142.017 Administrative Penalty § 142.018 Reports of Abuse, Exploitation, or Neglect Chapter 143 Industrial Homework Chapter 144 Renderers § 145.008 Operational Requirements § 145.011 Rules; Inspection Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Not Related Not Related Not Related Not Related HIPAA permits certain disclosures about victims of abuse, neglect, or domestic violence to a government authority authorized to receive such reports. 45 C.F.R. § 164.512(c)(1). See also 45 C.F.R. § 164.502(j)(1) (Standards for disclosures by whistlesblowers). Title 2: Health Chapter 145: Tanning Facilities Title 2: Health Chapter 146: Tattoo and Certain Body Piercing Studios No No No No No No No No No No 195
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REPORT OF THE OFFICE OF THE ATTORNE
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TABLE OF CONTENTS Preface 1 HIPAA a
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ules, policies, and procedures. She
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health care privacy and has given n
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eviewed their assigned codes to loo
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HIPAA STATE LAW RESULT Requires a u
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HIPAA, the Task Force generally not
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HIPAA 45 C.F.R. § 164.508(c)(1) de
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65 Fed. Reg. at 82744. OCR also ind
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elatively straightforward. In other
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Public Information Act because the
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Elderly or Disabled Persons; Confid
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Texas Administrative Code Section 1
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Texas Administrative Code Section P
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Texas Business & Commerce Code 15.0
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Texas Business & Commerce Code Sect
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Cases & Common Law Principles Case
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Cases & Common Law Principles Case
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Texas Civil Practice & Remedies Cod
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Texas Code of Criminal Procedure Ar
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Texas Code of Criminal Procedure Ar
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Texas Family Code Section § 5.002
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Texas Family Code Section Related/
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Texas Government Code Section Relat
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Texas Labor Code Section Chapter 1
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Texas Occupations Code Section § 5
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Texas Transportation Code Section R
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Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

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