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
§ 242.321
Offense
§ 242.322
Protection for
Refusal to
Engage in
Certain Conduct
Subchapter I,
Second Version
§ 242.401
Quality of Life
§ 242.402
Quality of Care
§ 242.403
Standards for
Quality of Life
and Quality of
Care
§ 242.404
Policies,
Procedures, and
Practices for
Quality of Care
§ 242.405
Best Practices/
Quality of Life
Competitive
Grant Program
§ 242.501
Resident's Rights
Not Related
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
These sections were not listed individually because the
second version of Subchapter I, in 242.301-.327 was to go in
effect only if HHS determined that the first version did not
comply with federal regulations. HHS determined that the
first version complied with federal regulations
Patients' rights include confidentiality of information. See 40
§ TAC Ch. 19, Subchapter E for corresponding rules.
No
No
No
No
No
No
No
No
No
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