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

Texas Human Resources Code
Section
§ 12.003
Disclosure of
Information
§ 21.012
Confidentiality of
Information
§ 21.013
Oaths and
Acknowledgements
§ 21.015
Public Information;
Complaints
§ 22.015
Reporting of
Physician
Misconduct or
Malpractice
§ 22.02
Audit Procedure
§ 22.029(e)
Project for Fraud
Detection and
Prevention Through
Data Matching
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
Related/Not
Contrary
Related/Not
Contrary
Preemption Is State Law
Explanation
Exception Preempted?
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 12: Penal Provisions
It is not impossible for the Department of Human Services
to comply with this provision and the HIPAA Privacy Rule,
and the provision is not an obstacle to the accomplishment
of the purposes of HIPAA. See Tex. Att'y Gen. Op. No.
ORL 2003-5900 (2003).
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 21: Administrative Provisions for Dept. of Human Services
It is not impossible for the Department of Human Services
to comply with this provision and the HIPAA Privacy Rule,
and the provision is not an obstacle to the accomplishment
of the purposes of HIPAA. See Tex. Att'y Gen. Op. No.
ORL 2003-5900 (2003).
No purpose to affect privacy of information.
No purpose to affect privacy of information.
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 22: General Functions of Dept. of Human Services
It is not clear that the information reported includes PHI.
To the extent the reported information includes PHI,
HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
(1) The Health and Human Services Commission and
participating agencies are required to comply "with all
existing state and federal privacy guidelines."
(2) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
No
No
No
No
No
No
No
Recommendation
319