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
§ 181.054
Workers'
Compensation
§ 181.055
Employee Benefit
Plan
§ 181.056
American Red
Cross
§ 181.057
Information
Relating to
Offenders With
Mental
Impairments
§ 181.058
Educational
Records
§ 181.151
Reidentified
Information
§ 181.152
Marketing Uses
of Information
§ 181.201
Injunctive Relief;
Civil Penalty
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
As to (a):
(1) & (2) track HIPAA; (3), implies that the covered entity is in
some sort of treatment or payment situation already and
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; (4) is more favorable to the individual.
As to (b): It is more stringent.
As to (c) and (d): They are not contrary.
*Also, there may be requirements for covered entities at 45
C.F.R. § 164.508(a)(3)(ii), in addition to those in subsection
(a) of section 181.152 of the Health & Safety Code.
No
No
No
No
No
No
No
No
213