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
This relates to process to determine consent and PHI must
be used in process. HIPAA follows state law for who can be
a personal representative of an incompetent adult or child;
consistent with 45 C.F.R. § 164.502(g).
§ 597.044
Application for
Treatment
Decision
Related/
Not Contrary
This particular situation is not specifically addressed in
HIPAA regulations--but initial determination would be that:
(1) 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.
(2) The disclosure is entirely internal.
No
§ 597.045
Notice of Review
of Application for
Treatment
Decision
Related/
Not Contrary
See 40 TAC Chapter 8, subchapter J for corresponding
rules.
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
See 40 TAC Chapter 8, subchapter J for corresponding rules.
No
§ 597.046
Prereview of
Application
Related/
Not Contrary
PHI is used in application process; consistent with 45 C.F.R.
§ 164.510(b)(3) and directly relevant to the individual's
involvement.
See 40 TAC Chapter 8, subchapter J for corresponding rules.
No
§ 597.047
Confidential
Information
Related/
Not Contrary
Requires health care professionals to provide PHI to the
committee. Not contrary to HIPAA because 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.
No
See 40 TAC Chapter 8, subchapter J for corresponding rules.
§ 597.048
Review of
Application
Related/
Not Contrary
PHI will be released during review of application; consistent
with 45 C.F.R. § 164.510(b)(3) and directly relevant to
individual's involvement.
See 40 TAC Chapter 8, subchapter J for corresponding rules.
No
304