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
§ 595.005
Exceptions
§ 595.0055
Disclosure of
Name and Birth
and Death Dates
for Certain
Purposes
§ 595.006
Use of Record in
Criminal
Proceedings
§ 595.007
Confidentiality of
Past Services
§ 595.008
Exchange of
Records
§ 595.009
Receipt of
Information by
Persons Other
Than Client or
Patient
§ 595.010
Disclosure of
Physical or
Mental Condition
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Subsection (a) is consistent with 45 C.F.R. § 164.512
(b)(c)(d)(l or i)(j);
Subsection (b) is consistent with 45 C.F.R. § 154.052(d);
Subsection (c) does not concern PHI;
Subsection (d) is consistent with 164.512(e)(f).
Not Contrary to HIPAA because:
(1) HIPAA permits certain disclosures to an executor,
administrator, or other person with authority to act on behalf
of a deceased person or their estate. 45 C.F.R. §
164.502(g)(4).
(2) Does not involve use or disclosure of PHI.
Provides that confidential records may not be used for a
criminal charge or investigation of a client; consistent with 45
C.F.R. § 164.512(d).
This section prohibits disclosure.
Allows exchange of records only for delivery or payment of
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.
State law is either more stringent or the same as HIPAA
(depending on whether "operations" is subsumed by "service
delivery").
This allows disclosure to a friend, parent, guardian, relative;
consistent with 45 C.F.R. § 164.510, though that section may
impose additional requirements.
No
No
No
No
No
No
No
302