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
§ 241.153
(16)-(20)
Related/
Not Contrary
(16) Narrower than HIPAA's payment exception in that the
class of persons to whom disclosure may be made is more
limited, although also broader in the sense that there is no
minimum necessary requirements under Texas law. A
covered entity could comply with both, however, so it is not
contrary.
(17) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(18) Merely incorporates provisions of other law.
(19) HIPAA permits a covered entity to disclose PHI in
response to court orders, warrants, subpoenas, or
summonses. 45 C.F.R. § 164.512(f)(1)(i)(A).
(20) Not contrary, but HIPAA contains additional
requirements/process for disclosures incident to judicial or
administrative proceedings.
No
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