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
Requires hospitals to establish protocol that includes inquiries
about potential donors; may necessitate asking persons other
than legally authorized representatives about this information.
§ 692.014
Procedures
§ 693.002
Removal of Body
Part or Tissue...
§ 693.012
Removal of
Corneal Tissue...
§ 716.154
Pacemakers
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Contrary to HIPAA because:
(1) Disclosure is among the Conditions of Participation, and
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA provides an organ donation exception.
Title 8: Death and Disposition of the Body
Chapter 693: Removal of Body Parts, Body Tissue, and Corneal Tissue
Standing alone, does not seem to call for a use or disclosure
by a covered entity.
Any disclosures requested by the Medical Examiner are not
contrary, as HIPAA permits certain disclosures about
decedents to coroners and medical examiners. 45 C.F.R. §
164.512(g)(1).
Standing alone, does not seem to call for a use or disclosure
by a covered entity.
Any disclosures requested by the Medical Examiner are not
contrary, as HIPAA permits certain disclosures about
decedents to coroners and medical examiners. 45 C.F.R. §
164.512(g)(1).
Title 8: Death and Disposition of the Body
Chapter 716: Crematories
Subsection (a) provides that a crematory cannot knowingly
cremate a body with a pacemaker or other potentially
hazardous implant.
This is not contrary to HIPAA because a crematorium is not a
covered entity.
Title 9: Safety
Chapter 771: State Administration of Emergency Communiations
No
No
No
No
316