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
§ 462.001
Definitions
§ 462.002
Filing
Requirements
§ 462.0025
Court Hours
§ 462.003
Inspection of
Court Records
§ 462.004
Representation of
State
§ 462.005
Costs
§ 462.006
Writ of Habeas
Corpus
§ 462.007
Limitation of
Liability
§ 462.008
Criminal Penalty;
Enforcement
§ 462.009
Consent to
Treatment
§ 462.021
Voluntary
Admission of
Adult
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Not Related
Not Related
Commitment proceedings are a public record of a private
nature. Any uses/disclosures called for by the section do not
seem contrary to HIPAA. The judge who would enter the
order to release the records ( or the clerk maintaining them)
is not a covered entity.
Not Contrary to HIPAA because:
(1) Although this section references a use/disclosure by a
physician, it does not actually call for one.
(2) HIPAA permits a covered entity to disclose PHI in the
course of a judicial or administrative proceeding in response
to a court order. 45 C.F.R. § 164.512(e)(1)(i).
No
No
No
No
No
No
No
No
No
No
No
282