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
§ 247.062
Directory of
Assisted Living
Facilities;
Consumers'
Guide
§ 247.063
Referrals
§ 247.0631
Access
§ 247.064
Residents' Bill of
Rights
§ 247.065
Providers' Bill of
Rights
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
*Possible
Conflicts*
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
This section requires each assisted living facility (ALF) to post
a provider bill of rights that provides, inter alia, that a provider
of personal care services has the right to "access to patient
information concerning a client referred to the facility, which
must remain confidential as provided by law" and to "be
made aware of a resident's problems, including self-abuse,
violent behavior, alcoholism, or drug abuse.
To the extent an ALF is a covered entity, these required
disclosures seem broader than those in HIPAA in that
employees are given unqualified access to patient
information and inasmuch as "made aware" could be read
broadly.
No
No
No
No
Possibly Yes
§ 247.066
Appropriate
Placement
Determination
§ 247.067
Health Care
Professionals
Related/
Not Contrary
Related/
Not Contrary
However, if an ALF is a covered entity, the minimum
necessary rule would apply and the disclosures should
thereby comport with HIPAA.
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
No
No
262