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
§ 464.057
Revocation of
Exemption
Not Related
No
§ 464.058
General Directive
to State Agencies
Not Related
No
§ 464.059
Religion Not
Endorsed
§ 464.060
Direct Public
Funding
Prohibited
§ 464.061
Effect on Health
and Safety Duties
or Powers
§ 466.025
Inspection
§ 466.026
Multiple
Enrollment
Prevention
§ 467.005
Reports
Not Related
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 466: Regulation of Narcotic Drug Treatment Programs
This allows for inspections by the Tex. Dept. of Health, which
could review IIHI. This is consistent with HIPAA, as HIPAA
permits certain disclosures for the purpose of health care
oversight. 45 C.F.R. § 164.512(d)(1). See 25 TAC §
404.154; 25 TAC chapter 414, Subchapter A; 40 TAC §
148.301 for corresponding rules.
Recommendations may be (by rule) for a plan to prevent the
simultaneous multiple enrollment of persons in narcotic
treatment programs; merely requires entities to work together
to prevent multiple enrollment.
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 467: Peer Assistance Programs
Does not involve use or disclosure of PHI by a covered entity.
No
No
No
No
No
No
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