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

Texas Human Resources Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 32.021
Administration of the
Program
Related/
Not Contrary
Subsections (i) and (k) are related. Under (i), DHS may
introduce a record into evidence. Under (k), an investigator
may testify regarding Medicaid program if admissible
under the Texas Rules of Evidence.
To the extent the information is PHI, the department can
comply with HIPAA by only testifying pursuant to a court
order, as HIPAA permits a covered entity to disclose PHI in
the course of a judicial or administrative proceeding in
response to a court order. 45 C.F.R. § 164.512(e)(1)(i).
No
§ 32.023
Cooperation With
Other State
Agencies
Not Related
Provides for agreement among state agencies; does not
affect privacy of health information.
No
§ 32.024
Authority and Scope
of Program; Eligibility
Related/Not
Contrary
HIPAA permits the use and disclosure of IIHI in the course
of certain treatment, payment, and health care operations.
45 C.F.R. § 164.506.
No
§ 32.0246
Pilot Program for
Treatment of
Alzheimers Patients
Not Related
Does not affect privacy of health information.
No
§ 32.0247
Medical Assistance
for Certain Persons
Making Transition
from Foster Care to
Independent Living
Not Related
Does not affect privacy of health information.
No
§ 32.025
Application for
Medical Assistance
Not Related
Does not affect privacy of health information.
No
§ 32.026
Certification of
Eligibility
Related/
Not Contrary
Requires DHS to promulgate rules for eligibility for medical
assistance. To the extent these rules require a covered
entity to submit PHI, HIPAA permits certain disclosures for
the purpose of health care oversight. 45 C.F.R. §
164.512(d)(1).
No
321