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

Texas Health & Safety Code
Section/
Chapter
§ 597.049
Determination of
Best Interest
§ 597.050
Notice of
Determination
§ 597.051
Effect of
Committee's
Determination
§ 597.052
Scope of
Consent
§ 597.053
Appeals
§ 597.054
Procedures
§ 611.001
Definitions
§ 611.002
Confidentiality of
Information and
Prohibition
Against
Disclosure
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Contrary
Explanation
PHI is shared in determination process; consistent with 45
C.F.R. § 164.502(g).
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.
See 40 TAC Chapter 8, subchapter J for corresponding rules.
See 40 TAC Chapter 8, subchapter J for corresponding rules.
See 40 TAC Chapter 8, subchapter J for corresponding
rules.
Dictates the need to develop procedures, which would not
contain PHI.
See 40 TAC Chapter 8, subchapter J for corresponding rules.
Title 7: Mental Health and Mental Retardation
Chapter 611: Mental Health Records
Some of the definitions are also addressed by HIPAA.
See 25 TAC Chapter 404, subchapter E for corresponding
rules.
Provides that records and communications are confidential;
addresses disclosure of PHI related to mental health records.
See Health & Safety Code §§ 611.004 and 611.0045.
See 25 TAC Chapter 404, subchapter E for corresponding
rules.
Preemption
Exception
Is State Law
Preempted?
No
No
No
No
No
No
No
Yes
Recommendation
This law is contrary to
the extent that §
611.0045 is contrary.
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