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

Texas Human Resources Code
Section
§ 32.039
Damages and
Penalties
Related/
Contrary
Not Related
Explanation
Does not affect the privacy of PHI.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 32.0391
Criminal Offense
Not Related
Does not affect the privacy of PHI.
No
§ 32.042
Information Required
From Health
Insurers
Related/
Not Contrary
(1) Subsection (e) incorporates federal law by stating that
the Department of Human Service's agreement with an
insurer may not be inconsistent with any law relating to the
confidentiality or privacy of personal information or medical
records in regard to procedures for requesting and
providing information.
(2) HIPAA permits the use and disclosure of IIHI for certain
payment purposes. 45 C.F.R. § 164.506.
No
§ 32.0421
Administrative
Penalty for Failure to
Provide Information
Not Related
Does not affect the privacy of PHI.
No
§ 32.0422
Health Insurance
Premium Payment
Reimbursement
Program for Medical
Assistance
Recipients
Related/
Not Contrary
Subsection (l), which requires DHS to provide information
to the Department of Health for enrollment of eligible
individuals in a group health plan, is related.
To the extent the information provided is PHI, HIPAA
permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
§ 32.05
Dual Medicaid and
Medicare Coverage
Not Related
Does not affect the privacy of PHI.
No
§ 32.051
Misdirected Billing
Related/
Not Contrary
The law states "to the extent authorized by federal law,"
the Department of Human Services shall develop a
procedure for matching data to determine responsibility for
payment of claims.
No
HIPAA permits the use and disclosure of IIHI for certain
payment purposes. 45 C.F.R. § 164.506.
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