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
§ 574.081
Continuing Care
Plan Before
Furlough or
Discharge
Related/
Not Contrary
No
§ 574.104
Physician's
Application for
Order to
Authorize
Psychoactive
Medication; Date
of Hearing
§ 575.017
Transfer of
Records
Related/
Not Contrary
Related/
Not Contrary
Title 7: Mental Health and Mental Retardation
Chapter 575: Admission and Transfer Procedures for Inpatient Services
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 575: Admission and Transfer Procedures for Inpatient Services
No
No
297