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
§ 613.002
Court Order
Authorizing
Kidney Donation
§ 613.003
Petition for Court
Order
§ 613.004
Court Hearing
§ 613.005
Interview and
Evaluation Order
by Court
§ 614.017
Exchange of
Information
§ 615.001
County
Responsibility
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Title 7: Mental Health and Mental Retardation
Chapter 614: Texas Council on Offenders With Mental Impairments
Relates to PHI disclosures: SB 519 required the acceptance
and disclosure of IIHI when related to the administration of
criminal justice. ("May" was changed to "shall").
Subsection (a) consistent with 45 C.F.R. § 164.512. See 25
TAC Chapter 404, Subchapter E [cannot find rules relating
specifically to offenders w/ MI]; maybe 37 TAC § 273.8, 25
TAC § 411.62.
Title 7: Mental Health and Mental Retardation
Chapter 615: Miscellaneous Provisions
No
No
No
No
No
No
§ 615.002
Access to Mental
Health Records
by Protection and
Advocacy System
Related/
Not Contrary
Access must be required by federal law in the first instance
and disclosure would therefore be required by law. HIPAA
permits appropriately limited disclosure of PHI that is required
by law. 45 C.F.R. § 164.512(a)(1).
No
311