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

Texas Administrative Code
Section
22 TAC § 781.402
Standards of
Practice
Path
Part 34 (Tex. State
Board of Social
Work Examiners) -
Ch. 781 (Social
Work Licensure) -
Subchap. D
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements of HIPAA.
HIPAA permits disclosure to a governmental
authority authorized to receive reports of child abuse
or neglect. 45 C.F.R. § 164.512(b)(1)(ii). Also,
covered entities should note possible exceptions to
preemption in the areas of public health
surveillance, investigation, and intervention under 45
C.F.R. § 160.203(c).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
22 TAC § 801.48
Confidentiality
Part 35 (Tex. State
Board of Examiners
of Marriage and
Family Therapists) -
Ch. 801 (Licensure
and Regulation of
Marriage and
Family Therapists) -
Subch. C
Related/Not
Contrary
This regulation requires a therapist to follow the
rules of confidentiality set forth in Health and Safety
Code, Chapter 611, and other applicable laws. This
regulation also requires a therapist to retain and
dispose of client records in such a way that
confidentiality is maintained. This regulation relates
to privacy of IIHI.
This regulation is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA. This law specifically
requires a covered entity to follow "other applicable
laws" regarding confidentiality.
No
22 TAC § 821.39
Complaints
Part 37 (Tex. Board
of Orthotics and
Prosthetics) - Ch.
821 (Orthotics and
Prosthetics)
Related/Not
Contrary
This regulation reiterates the Board's duties to
receive complaints, conduct investigations, and
notify the parties of the status.
This regulation relates to privacy of IIHI. This law is
not contrary to HIPAA because the Board is not a
covered entity.
No
Title 25: Health
Services
29