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
§ 577.012
Destruction of
Records
§ 577.013
Investigations
§ 577.015
Subpoenas
§ 577.054
Confidentiality;
Absolute
Privilege
§ 578.007
Reports
§ 578.008
Use of
Information;
Report
§ 591.011
Departmental
Responsibilities
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
See above.
See comments for § 241.051. See also 25 TAC § 404.154;
25 TAC § 134.41 for corresponding rules.
Subsection (a) provides that the testimony of witnesses and
the production of related documents or records may be
compelled.
Subsection (a): Except as provided by §§ 577.055 and
577.056, all information and materials… are confidential and
may not be admitted as evidence or otherwise disclosed in
any civil, criminal, or administrative proceeding.
(b) The confidentiality protections apply without regard to
whether the info or materials are obtained from or compiled
by a mental hospital or an entity that has an ownership or
management interest in a hospital.
(d) absolute privilege
Title 7: Mental Health and Mental Retardation
Chapter 578: Electroconvulsive and Other Therapies
Title 7: Mental Health and Mental Retardation
Chapter 591: General Provisions
Subsection (e): The department shall have the right of
access to all residents and records of residents who are
placed with residential service providers.
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
No
No
No
No
No
No
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