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
§ 671.012
Filing Autopsy
Report
§ 671.013
Release of
Reports; Fee
Related/
Not Contrary
Related/
Not Contrary
Title 8: Death and Disposition of the Body
Chapter 671: Determination of Death and Autopsy Reports
Autopsy reports definitely contain PHI and reporting of such
would require disclosure. Consistent with 45 C.F.R. §
164.512 (a) (b) and (f).
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
Title 8: Death and Disposition of the Body
Chapter 672: Adult Fatality Review and Investigation
Pertains to the release of PHI related to adult deaths.
No
No
§ 672.006
Access to
Information
§ 672.009
Use of
Information and
Records;
Confidentiality
§ 672.012
Report of
Unexpected
Fatality
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Contrary to HIPAA because:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
Not Contrary to HIPAA because:
(1) HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
(3) HIPAA permits certain disclosures about decedents to
coroners and medical examiners. 45 C.F.R. § 164.512(g)(1).
No
No
No
§ 672.013
Procedure in the
Event of
Reportable Death
Related/
Not Contrary
Title 8: Death and Disposition of the Body
Chapter 673: Sudden Infant Death Syndrome
No
312