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
§ 242.038
Reasonable Time
to Comply
Related/
Not Contrary
No
§ 242.0385
Early Compliance
Review
Related/
Not Contrary
No
§ 242.039
Fire Safety
Requirements
§ 242.040
Certification of
Institutions That
Care for Persons
With Alzheimers
Disease and
Related
Disorders
§ 242.041
False
Communication
Concerning
Certification;
Criminal Penalty
§ 242.042
Posting
§ 242.043
Inspections
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Proscribes compliance mechanism.
Completed inspection reports are subject to the Public
Information Act. DHS (now DADS) interprets applicable law
to require release of federal inspection reports with only
certain information removed. It has also interpreted state law
to require the release of state inspection reports with only
certain specified information removed, such as names. See
40 TAC § 19.2010(a) & 40 TAC § 19.2002 et seq., esp. §
19.2006, which sets forth the required contents of reports,
many items of which are not HIPAA-deidentified. See also
Capital Senior Management, 132 S.W.3d 71.
No
No
No
No
No
231