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
DPRS has not identified itself as a covered entity.
§ 48.101
Confidentiality and
Disclosure of
Information; Agency
Exchange of
Information
Related/
Not Contrary
To the extent the information is PHI maintained by the
Department of Human Service, subsection (b) requires
disclosure of confidential information only as provided by
applicable federal law.
It is not impossible for the Department of Human Services
to comply with this provision and the Privacy Rule, and the
provision is not an obstacle to the accomplishment of
HIPAA.
No
§ 48.102(a) & (b)
Reports of
Investigations in
Schools
§ 48.103
Notification of
Licensing or
Contracting Agency
Related/
Not Contrary
Related/
Not Contrary
No covered entity; associated rules are not contrary.
No covered entity; DPRS is sharing information with DHS
and other agencies. The information remains confidential
when exchanged.
No
No
Subsection (a) is related.
§ 48.151
Action on Report
Related/
Not Contrary
To the extent the investigation requires a covered entity to
disclose PHI:
(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 about victims of
abuse, neglect, or domestic violence to a government
authority authorized to receive such reports. 45 C.F.R. §
164.512(c)(1).
No
328