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
§ 242.0665
Right to Correct
§ 242.067
Report
Recommending
Administrative
Penalty
§ 242.068
Hearings on
Administrative
Penalties
§ 242.069
Notice and
Payment of
Administrative
Penalty; Interest;
Refund
§ 242.070
Application of
Other Law
§ 242.071
Amelioration of
Violation
§ 242.072
Other Remedies
§ 242.073
Legal Action by
the Attorney
General
§ 242.074
Notification of
Change in
Financial
Condition
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Under DHS's covered entity designation, this section gives
DHS authority it cannot exercise.
Specifically, the report DHS is authorized to issue is not
necessarily HIPAA-deidentified. If the report is scrubbed of all
identifiers, it may lose utility to the public.
No
No
No
No
No
No
No
No
No
234