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

Texas Human Resources Code
Section
§ 36.003(a)
Documentary
Material in
Possession of State
Agency
§ 36.054(b) & (e)
Civil Investigative
Demand
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Preemption Is State Law
Explanation
Exception Preempted?
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 36: Medicaid Fraud Prevention
(1) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure of PHI to a health oversight
agency for oversight activities authorized by law, including
certain oversight of government benefit plans. 45 C.F.R. §
164.512(d)(2).
(1) As to (a),(d), and (g): HIPAA permits disclosure of
PHI to a health oversight agency for oversight activities
authorized by law, including certain oversight of
government benefit plans. 45 C.F.R. § 164.512(d)(2).
(2) As to (e): Statute contains a consent provision;
Attorney General is not a covered entity, but may be
subject to a business associate agreement with regard to
the release of information obtained from an agency. 45
C.F.R. § 164.504(e)(1).
No
No
Recommendation
§ 36.102(a) & (b)
Initiation of Action
Related/
Not Contrary
(1) If "person" is not a covered entity, the HIPAA Privacy
Rule does not apply.
(2) If "person" is a covered entity, HIPAA permits certain
disclosures to the Attorney General for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
(3) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
No
§ 40.005(b), (c) &
(d)
Confidentiality of
Information
Related/
Not Contrary
Title 2: Dept. of Human Services and Dept. of Protective and Regulatory Services
Chapter 40: Department of Protective and Regulatory Services
No covered entity
No
326