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

Texas Human Resources Code
Section
§ 22.035
Children's Policy
Council
§ 22.037
Pilot Program for
Community-Based
Alternatives for
Persons With
Disabilities
§ 22.039
Training and
Continuing
Education Related to
Certain Long Term
Care Facilities
§ 31.031
Application for
Assistance
§ 31.032
Investigation and
Determination of
Eligibility
§ 31.033
Reinvestigation and
Redetermination of
Eligibility
Related/
Contrary
Not Related
Not Related
Not Related
Explanation
Describes functions of Council; does not affect the privacy
of any information.
Describes components of the program; does not directly
affect privacy of any information.
Requires training for surveyors and providers; does not
directly affect privacy of any information.
Preemption
Exception
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 32: Medical Assistance Program
Is State Law
Preempted?
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 31: Financial Assistance and Service Programs
Requires applicants for services to submit immunization
Not Related
information. The information is not obtained from a
covered entity and the statute does not affect the privacy of
No
the information obtained.
Not Related
Not Related
Allows DHS to investigate and determine eligibility for
assistance; does not affect the privacy of health
information.
Allows DHS to reinvestigate and redetermine eligibility for
assistance; does not affect the privacy of health
information.
No
No
No
No
No
Recommendation
320