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
Although the transition between programs may include the
transfer of PHI, this statute does not directly affect the
privacy of PHI, but requires DHS to develop procedures for
the transfer of all necessary information.
§ 32.0262
Eligibility Transition
Related/
Not Contrary
To the extent these rules require the disclosure of PHI:
(1) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
(2) 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
§ 32.0263
Health Care
Orientation
Not Related
Does not affect privacy of health information.
No
§ 32.028(k)
Fees, Charges, and
Rates
Related/
Not Contrary
The law includes a HIPAA compliance provision.
No
§ 32.0291
Prepayment Reviews
and Postpayment
Holds
Related as to
(a)
To the extent the prepayment review requires DPRS to
obtain PHI, 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
§ 32.032
Prevention and
Detection of Fraud
and Abuse
Not Related
No intent to affect privacy of PHI.
No
§ 32.033
Subrogation
§ 32.038
Collection of
Insurance Payments
Not Related
Related/
Not Contrary
Does not affect the privacy of PHI.
To the extent payments include PHI to which the
Department is entitled under the Insurance Code:
(1) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(2) 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
No
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