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
§ 252.037
Reasonable Time
to Comply
Not Related
No
§ 252.0375
Early Compliance
Review
Not Related
No
§ 252.038
Fire Safety
Requirements
§ 252.039
Posting
Not Related
Not Related
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1).
No
No
§ 252.040
Inspections
§ 252.041
Unannounced
Inspections
§ 252.042
Disclosure of
Unannounced
Inspections;
Criminal Penalty
§ 252.043
Licensing
Surveys
§ 252.044
Reporting
Violations
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Not Related
However, it is worth noting that the "forms and reports" that
are required to be made available under subsection (h) are
not defined. If the forms and reports are de-identified in
accordance with HIPAA, they may lose their usefulness to the
public.
See comments to § 242.044.
No
No
No
No
No
267