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
§ 244.006
Inspections
§ 245.005
License
Application and
Issuance
§ 245.006
Inspections
§ 245.011
Reporting
Requirements;
Criminal Penalty
§ 246.001
Short Title
§ 246.002
Definitions
§ 246.003
Board Powers
and Duties
§ 246.004
Rights of
Residents
§ 246.005
Licensing for
Certain Tax
Purposes
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Title 4: Health Statistics
Chapter 244: Birthing Centers
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 appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
Title 4: Health Statistics
Chapter 245: Abortion Facilities
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
Title 4: Health Statistics
Chapter 246: Continuing Care Facilities
§ 246.006 provides specifically that the Commissioner is not
authorized to look into the quality of care. See 28 TAC
35.501 - 35.503 for corresponding rules.
No
No
No
No
No
No
No
No
No
251