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
§ 161.023
No Liability for
Reports to
Medical
Committee
§ 161.024
Application to
Health
Maintenance
Organization
Related/
Not Contrary
Related/
Not Contrary
No
No
§ 161.0315
Authority of
Governing Body
to Form
Committee to
Evaluate Medical
and Health Care
Services
Related/
Not Contrary
This section directs that information remain confidential.
Import of §§ 161.031-.033 has only to do with the integrity of
the peer review privilege so that entities may conduct peer
review without the underlying documents being subject to
discovery.
Patient information is used, but HIPAA permits the use and
disclosure of IIHI in the course of certain treatment, payment,
and health care operations. 45 C.F.R. § 164.506.
No
§ 161.032
Records and
Proceedings
Confidential
§ 161.033
Immunity for
Committee
Members
§ 161.041
Mandatory
Reporting of
Gunshot Wounds
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
HIPAA permits a covered entity to disclose PHI in the course
of a judicial or administrative proceeding in response to a
court order. 45 C.F.R. § 164.512(e)(1)(i).
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
No
No
198