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
§ 242.044
Unannounced
Inspections
Related/
Not Contrary
Our only concern centered around the presence of citizen
advocates; not contrary to HIPAA because:
(1) For the two required annual inspections, their presence is
required by law, and HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
(2) In those inspections and any subsequent inspections,
advocates also appear to fall within the definition of "health
oversight agency" in 45 C.F.R. § 164.501, and HIPAA permits
certain disclosures for the purpose of health care oversight.
45 C.F.R. § 164.512(d)(1
No
§ 242.0445
Reporting of
Violations
§ 242.045
Disclosure of
Unannounced
Inspections;
Criminal Penalty
§ 242.046
Open Hearing
§ 242.047
Accreditation
Review Instead
of Inspection
§ 242.048
Licensing
Surveys
§ 242.049
Quality
Improvement
Related/
Not Contrary
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1). But see Health &
Safety Code § 242.043, making required contents of the
report public.
HIPAA permits disclosure of PHI to a health oversight agency
for oversight activities authorized by law, including certain
oversight of government benefit plans. 45 C.F.R. §
164.512(d)(2). This allows covered entities to disclosure the
information and DHS to collect such information.
No
No
No
No
No
No
232