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
§ 462.079
Revocation of
Furlough
§ 462.080
Release From
Court-Ordered
Treatment
§ 462.081
Commitment by
Courts in
Criminal
Proceedings;
Alternative
Sentencing
§ 464.001
Definitions
§ 464.002
License Required
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
PHI, if disclosed at all, would be disclosed to a hearing officer
and is therefore presumably in the course of a proceeding,
and 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).
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 464: Facilities Treating Alcoholics and Drug-Dependent Persons
This establishes the administrative rules for developing a
chemical dependency facility in Texas.
No
No
No
No
No
§ 464.003
Exemptions
§ 464.004
License
Application and
Issuance
Not Related
Not Related
No
No
§ 464.005
License Renewal
Not Related
No
§ 464.006
Inspections
Related/
Not Contrary
This allows access to records for inspections; not contrary as
HIPAA permits certain disclosures for the purpose of health
care oversight. 45 C.F.R. § 164.512(d)(1). See 25 TAC
chapter 414, subchapter A for corresponding rules.
No
287