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
§ 263.101
Inspections
Related/
Not Contrary
The applicability of HIPAA's exceptions is not entirely clear
with respect to commissioner inspections. If the disclosures
are made pursuant to Commissioners' authority to engage in
health care operations, the minimum necessary rule would
apply and a narrower set of information would be released.
No
If, however, the disclosure falls within RBL, then minimum
necessary does not apply.
Title 4: Health Statistics
Chapter 265: Joint Municipal and County Hospitals
§ 265.026
Tuberculosis
Control
Not Related
This has to do with setting up a program to pay and track
tuberculosis for the area; does not address reporting.
No
Title 4: Health Statistics
Chapter 281: Hospital Districts in Counties of At Least 190,000
§ 281.053
District
Inspections
Related/
Not Contrary
See foregoing sections.
No
§ 281.073
Disposition of
District Records
§ 283.049
District
Inspections
Related/
Not Contrary
*Possible
Conflicts*
Not Related
See comments to § 262.030.
Title 4: Health Statistics
Chapter 283: Optional Hospital District Law of 1957
Title 4: Health Statistics
Chapter 285: Special Provisions Relating to Hospital Districts
Possibly Yes
No
§ 285.901
Disposal of
Surplus Property
Related/
Not Contrary
Although neither the Local Government Code nor rules
promulgated thereto require scrubbing of computer
equipment prior to disposal, any governmental entity that is
also a HIPAA covered entity would be required to comply with
the Security Rule.
No
Title 4: Health Statistics
Chapter 311: Powers and Duties of Hospitals
275