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
§ 533.010
Information
Relating to
Patient’s
Condition
Related/
Not Contrary
Subsection (a) allows release of "any information" for use in
"study to reduce mental disorders and mental disabilities."
A HIPAA-covered entity could not release information for use
in a study in a manner inconsistent with HIPAA; therefore, the
entity can comply with both laws.
No
§ 533.035
Local Mental
Health and
Mental
Retardation
Authorities
§ 533.049
Privatization of
State School
§ 533.050
Privatization of
State Mental
Hospital
§ 534.035
Review, Audit,
and Appeal
Procedures
§ 571.006
Department
Powers
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
Not Related
Subsection (g) compels the privatization of all ICF-MRs by
8/31/06 and the continuation of services at the same level of
service provided before the transfer. Such a privatization and
transfer would involve the transfer of PHI.
However, acquisition/sale/merger of entity included within
definition of "health care operations" in 45 C.F.R. §
164.601(6), and 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.
This section would have been related, had privatization taken
place (see above). However, DHS determined that none of
the conversions were feasible and the section is therefore not
related.
This section would have been related, had privatization taken
place (see above). However, DHS determined that none of
the conversions were feasible and the section is therefore not
related.
Title 7: Mental Health and Mental Retardation
Chapter 534: Community Services
Statute does not, on its face, call for any uses or disclosures.
See 40 TAC § 1.310 for corresponding rules.
Title 7: Mental Health and Mental Retardation
Chapter 571: General Provisions
No
No
No
No
No
294