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

Texas Human Resources Code
Section
§ 61.065(b)
Notification and Duty
to Furnish
Information
Related/
Contrary
Related/
Not Contrary
Explanation
No covered entity
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
Title 3: Facilities and Services for Children
Chapter 73: Interagency Council on Early Childhood Intervention Services
§ 73.0051(i) & (k)
Powers and Duties
of Council
Related/
Not Contrary
The Council on Early Childhood Intervention Services is
not a covered entity.
To the extent this law requires the Council to obtain PHI
from a covered entity, HIPAA permits disclosure for certain
public health activities, including the prevention and control
of disability. 45 C.F.R. § 164.512(b).
No
Title 4: Services for the Deaf
Chapter 81: Texas Commission for the Deaf and Hard of Hearing
§ 81.014
Informing the Public;
Complaints
Related/
Not Contrary
(1) This law does not authorize the Commission to obtain
information from a covered entity.
(2) For rules that require a covered entity to submit PHI to
the Commission, HIPAA permits certain disclosures for the
purpose of health care oversight. 45 C.F.R. §
164.512(d)(1).
No
§ 82.002
Confidentiality of
Conversations
§ 82.003
Criminal Penalty
Related/
Not Contrary
Related/
Not Contrary
Title 4: Services for the Deaf
Chapter 82: Confidentiality of Interpreted, Transliterated, or Relayed Conversations
No covered entity
No covered entity
Title 5: Services for the Blind and Visually Handicapped
Chapter 91: Texas Commission for the Blind
No
No
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