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

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Texas Health & Safety Code Section/ Chapter Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 242.0975 Additional License Fee - Assisted Living Facilities § 242.098 Reimbursement § 242.099 Applicability of Other Law Not Related Not Related Not Related Allows notification of next of kin regarding the closing of nursing facilities. No No No § 242.100 Notification of Closing § 242.101 Criminal Penalty § 242.102 Ineligibility for License § 242.121 Definition § 242.122 Reporting of Abuse and Neglect Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary 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) Also within scope of 45 C.F.R. § 164.510 (Uses and disclosures requiring an opportunity for the individual to agree or to object). 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 about victims of abuse, neglect, or domestic violence to a government authority authorized to receive such reports. 45 C.F.R. § 164.512(c)(1). No No No No No 236
Texas Health & Safety Code Section/ Chapter § 242.123 Contents of Report § 242.124 Anonymous Reports of Abuse or Neglect § 242.125 Processing of Reports § 242.123 Contents of Report Related/ Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Explanation 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 about victims of abuse, neglect, or domestic violence to a government authority authorized to receive such reports. 45 C.F.R. § 164.512(c)(1). 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 about victims of abuse, neglect, or domestic violence to a government authority authorized to receive such reports. 45 C.F.R. § 164.512(c)(1). To the extent a covered entity reports abuse, HIPAA permits certain disclosures about victims of abuse, neglect, or domestic violence to a government authority authorized to receive such reports. 45 C.F.R. § 164.512(c)(1). Preemption Exception Is State Law Preempted? No No No No Recommendation § 242.126 Investigation and Report of Department or Designated Agency Related/ Not Contrary As to (d): This requires DHS to adopt rules, including rules to assure that a facility notifies a resident's next of kin of a closing. This disclosure is 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) Also within scope of 45 C.F.R. § 164.510 (Uses and disclosures requiring an opportunity for the individual to agree or to object). As to (g): This requires the Department to make and publish reports that are not HIPAA-deidentified. As such, the disclosure in a non-HIPAA-deidentified format 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). No 237
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REPORT OF THE OFFICE OF THE ATTORNE
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TABLE OF CONTENTS Preface 1 HIPAA a
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ules, policies, and procedures. She
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health care privacy and has given n
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eviewed their assigned codes to loo
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HIPAA STATE LAW RESULT Requires a u
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HIPAA, the Task Force generally not
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HIPAA 45 C.F.R. § 164.508(c)(1) de
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65 Fed. Reg. at 82744. OCR also ind
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elatively straightforward. In other
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Public Information Act because the
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Elderly or Disabled Persons; Confid
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Texas Administrative Code Section 1
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Texas Administrative Code Section P
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Texas Business & Commerce Code 15.0
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Texas Business & Commerce Code Sect
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Cases & Common Law Principles Case
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Cases & Common Law Principles Case
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Texas Civil Practice & Remedies Cod
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Texas Code of Criminal Procedure Ar
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Texas Code of Criminal Procedure Ar
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Texas Family Code Section § 5.002
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Texas Family Code Section Related/
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Texas Government Code Section § 33
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Texas Labor Code Section Chapter 1
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Texas Labor Code Chapter/ Section C
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