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
§ 161.007
Immunization
Registry; Reports
to Department
§ 161.008
Immunization
Record
§ 161.021
Authorization to
Provide
Information; Use
of Information;
Liability
§ 161.0211
Epidemiologic or
Toxicologic
Investigations
§ 161.0212
Right of Entry
§ 161.0213
Confidentiality
§ 161.022
Use and
Publication
Restrictions;
Confidentiality
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
It includes data elements reported to the department. See
25 TAC § 100.2 Inclusion of Information and Confidentiality, §
100.5 Reportable Information, § 100.6 Information Included in
the Immunization Registry Prior to September 1, 1997, §
100.7 Data Quality Assurance, § 100.11 Confidentiality; HB
1921.
This notifies a guardian that information is being shared with
the department.
Allows covered entities to disclose information for studies but
places no other limitation on the disclosures. However, any
entities covered by HIPAA could comply with both by
releasing information for studies, but only if the disclosure
otherwise complies with the HIPAA standards applicable to
use/disclosure for research purposes, in 45 C.F.R. §
164.512(i).
IIHI is confidential and may be used by the department for
certain purposes only.
Not Contrary to HIPAA because:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
HIPAA permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b).
The department may obtain immunization data, verify
consent, and cannot retain any IIHI without consent. The
department shall adopt rules for this section; would have to
go through Privacy Board if disclosures are for research.
No
No
No
No
No
No
No
197