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
§ 771.061
Confidentiality of
Information
Related/
Not Contrary
No
Title 9: Safety
Chapter 773: Emergency Medical Services
§ 773.0612
Access to
Records
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).
No
See 25 TAC § 157.4 for corresponding rules.
§ 773.0613
Information
Report to
Department
Related/
Not Contrary
EMS providers must file an annual report with the Tex. Dept.
of Health (TDH) on the number and types of runs the provider
makes. TDH shall post the info on the website.
No
Subsection (g) is not contrary. There does not appear to be a
corresponding provision in HIPAA.
§ 773.091
Confidential
Information
Related/
Not Contrary
The information at issue in the statute looks like directory
information but the elements are different; cannot be certain
from text of statute to whom disclosure is made or what its
purpose is. A covered entity would still have to follow HIPAA.
No
See 25 TAC § 157.11 (l)(6) for corresponding rule.
§ 773.092
Exceptions
§ 773.093
Consent
Related/
Not Contrary
Related/
Not Contrary
This provides for consent for release. It does not include end
date, but can be reconciled by adding end date; consistent
with authorization content except no end date. Solution: Add
end date to consent. Such an addition is not precluded by
the requirements of this section.
No
No
§ 773.095
Records and
Proceedings
Confidential
Related/
Not Contrary
No
317