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
§ 32.060
Third Party Billing
Vendors
(as added by Acts of
May 28, 2003, 78th
Leg., R.S., ch. 257, §
7, 2003 Tex. Gen.
Laws 1163, 1166.)
*(Code contains
three sections of
32.060)
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
§ 32.063(b)(3)&(c)
Third Party Billling
Vendors
§ 35.003
Eligibility
§ 35.004
Provision of
Assistance and
Support Services
§ 35.005
Payment of
Assistance
§ 35.010
Review of Clients'
Needs
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
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.
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 35: Support Services for Persons With Disabilities
(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.
Requires provision of assistance to compensate for certain
services, but does not affect the privacy of PHI.
Sets payment limits and manner of distribution of payment;
does not affect the privacy of health information.
To the extent the review of each client's needs requires
DHS to obtain PHI from a covered entity:
(1) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(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
325