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

Texas Health & Safety Code
Section/
Chapter
Chapter 221
Health Facilities
Development Act
§ 222.026
Complaint
Investigations
and Enforcement
Authority
Chapter 223
Hospital Project
Financing Act
Chapter 225
Health Planning
and Capital
Expenditure
Review
§ 241.051
Inspections
§ 241.151
Definitions
Related/
Contrary
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Title 4: Health Statistics
Chapter 222: Health Care Facility Survey, Construction, Inspection, and Regulation
See Texas Department of Health Rules related to
Investigations.
Title 4: Health Statistics
Chapter 241: Hospitals
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 certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
(3) A covered entity can comply with both this state law and
HIPAA.
Directory information," in order to comply w/ HIPAA, will just
be location and general condition.
No
No
No
No
No
No
Recommendation
221