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
§ 464.007
Application and
Inspection Fees
§ 464.008
Alcohol and Drug
Abuse Treatment
Licensure Fund
§ 464.009
Rules and
Standards
Not Related
Not Related
Not Related
This establishes rules and standards for chemical
dependency facilities.
This allows reporting of PHI and access to PHI for suspected
abuse or neglect; consistent with 164.512(b) and (c).
No
No
No
§ 464.010
Reports of Abuse
or Neglect
§ 464.011
Disclosure of
Commission
Records
§ 464.012
HIV Infection
Education,
Testing, and
Counseling
§ 464.013
Commission
Interaction with
Texas
Department of
Health
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Not Contrary to HIPAA because:
(1) HIPAA permits certain disclosures about victims of abuse,
neglect, or domestic violence to a government authority
authorized to receive such reports. 45 C.F.R. §
164.512(c)(1).
(2) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
Disclosure is not by a covered entity-- but if the Commission
was a covered entity, it is not clear that requirements for
164.512(b) or -(f) would be met.
Discusses powers of Tex. Dept. of Health and this section.
No
No
No
No
288