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
§ 242.135
Duties of Law
Enforcement;
Joint
Investigation
§ 242.151
Physician
Services
§ 242.152
Physician
Services for
Residents
Younger Than 18
Years of Age
§ 242.153
Director of
Nursing Services
§ 242.154
Nursing Services
§ 242.155
Pediatric Nursing
Services
§ 242.156
Required Medical
Examination
§ 242.157
Dental
Examination
§ 242.158
Identification of
Certain Nursing
Home Residents
§ 242.181
Definitions
Related/
Not Contrary
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
This requires a joint investigation which will cause IIHI to be
shared. This is not contrary as HIPAA permits appropriately
limited disclosure of PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
Not Contrary to HIPAA because:
(1) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
(2) HIPAA permits the use and disclosure of IIHI in the
course of certain treatment, payment, and health care
operations. 45 C.F.R. § 164.506.
No
No
No
No
No
No
No
No
No
No
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