Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

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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
Texas Health & Safety Code Section/ Chapter Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 571.0066 Prescription Medication Information § 571.015 Inspection of Court Records § 571.019 Limitation of Liability § 573.022 Emergency Admission and Detention § 574.001 Application for Court-Ordered Mental Health Services § 574.002 Form of Application § 574.004 Duties of Attorney § 574.009 Requirement of Medical Examination Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary A mental health facility must provide to the patient information relating to prescription medications ordered by the patient's treating physician; information given to patient's family must be provided upon request to the extent allowed by law. Access only upon order of judge. See JM-260. Title 7: Mental Health and Mental Retardation Chapter 573: Emergency Detention 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. Title 7: Mental Health and Mental Retardation Chapter 574: Court-Ordered Mental Health Services For disclosures contemplated by Chapter 574, see comments to Chapter 462. No No No No No No No No 295
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REPORT OF THE OFFICE OF THE ATTORNE
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TABLE OF CONTENTS Preface 1 HIPAA a
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ules, policies, and procedures. She
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health care privacy and has given n
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eviewed their assigned codes to loo
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HIPAA STATE LAW RESULT Requires a u
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HIPAA, the Task Force generally not
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HIPAA 45 C.F.R. § 164.508(c)(1) de
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65 Fed. Reg. at 82744. OCR also ind
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elatively straightforward. In other
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Public Information Act because the
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Elderly or Disabled Persons; Confid
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Texas Administrative Code Section 1
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Texas Administrative Code Section P
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Texas Business & Commerce Code 15.0
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Texas Business & Commerce Code Sect
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Cases & Common Law Principles Case
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Cases & Common Law Principles Case
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Texas Civil Practice & Remedies Cod
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Texas Code of Criminal Procedure Ar
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Texas Family Code Section § 5.002
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Texas Family Code Section Related/
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Texas Government Code Section § 33
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Texas Health & Safety Code Section/
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Texas Labor Code Section Chapter 1
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Texas Labor Code Chapter/ Section C
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Texas Labor Code Chapter/ Section C
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Texas Labor Code Chapter/ Section
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Texas Labor Code Chapter/ Section
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Texas Occupations Code Section § 5
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