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
§ 253.008
Verification of
Employability
§ 253.009
Notification
§ 253.010
Removal From
Registry
Chapter 255
Quality
Assurance Early
Warning System
for Long Term
Care Facilities;
Rapid Response
Teams
§ 262.030
Medical Records
Not Related
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
*Possible
Conflicts*
This is related to employees and has nothing to do with
patients and protection of their information.
This is related to employees and has nothing to do with
patients and protection of their information.
This is related to employees and has nothing to do with
patients and protection of their information.
See 40 TAC § 19.910 for corresponding rule.
Title 4: Health Statistics
Chapter 262: Municipal Hospital Authorities
Possible conflict inasmuch as section states that records
preservation, etc. is subject to Local Government Code §
201.001, et. seq, which provides that records confidential
under the Public Information Act become public after 75
years.
There is no comparable expiration of the confidentiality in
HIPAA. Moreover, "records" is not defined so it is not readily
ascertainable to which information the commissioners have
access. If the records are more than financial, they may/will
contain IIHI. See also GA-0138.
Title 4: Health Statistics
Chapter 263: County Hospitals and Other Health Facilities
No
No
No
No
Possibly Yes
If the Legislature
intended individual
commissioners to have
access to IIHI, then no
changes would be
required. If not,
Commissioner access
rights could be tethered
to specific purposes.
274