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
§ 311.002
Itemized
Statement of
Billed Services
§ 311.0025
Audits of Billing
Related/
Not Contrary
Related/
Not Contrary
Requires an itemized statement of billed services on request.
It is not contrary because HIPAA allows disclosure of claim
data for the purpose of payment.
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).
No
No
§ 311.0335
Mental Health
and Chemical
Dependency
Data
§ 311.037
Confidential
Data; Criminal
Penalty
§ 313.004
Consent for
Medical
Treatment
§ 313.005
Prerequisites for
Consent
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
This section requires the reporting of PHI from mental health
and chemical dependency facilities.
Not Contrary to HIPAA because:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1). Since
psychotherapy notes are not included, there is no conflict.
(2) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
Title 4: Health Statistics
Chapter 313: Consent to Medical Treatment Act
Title 5: Sanitation and Environmental Quality
Chapter 402: Low-Level Radioactive Waste Disposal Authority
No
No
No
No
276