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
§ 462.072
Modification of
Order for
Outpatient
Services
§ 462.073
Modification of
Order for
Inpatient
Treatment
§ 462.0731
Outpatient Care
in Certain
Counties
§ 462.074
Hospitalization
Outside
Treatment
Facility
§ 462.075
Renewal of Order
for
Court-Ordered
Treatment
§ 462.076
Appeal
§ 462.077
Pass or Furlough
From Inpatient
Care
§ 462.078
Return to Facility
Under Facility
Administrator's
Certificate or
Court Order
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
HIPAA permits the use and disclosure of IIHI in the course of
certain treatment, payment, and health care operations. 45
C.F.R. § 164.506.
No covered entity involved.
No
No
No
No
No
No
No
No
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