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
§ 91.018(c)
Relations With
Public
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
§ 91.028
Services for Children
With Visual
Impairments
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
§ 91.059
Misuse of
Information
Related/
Not Contrary
Prohibits disclosure of information concerning application
for or recipient of vocational rehabilitation services for the
blind, which could include PHI. However, the Commission
is not a covered entity.
No
Title 6: Services for the Elderly
Chapter 101: Texas Department on Aging
§ 101.0255(d)
Services Standards
and Agreements
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
§ 101.057
Investigations
Related/
Not Contrary
The statute expressly gives the ombudsman access to
individuals, rather than PHI, which does not affect the
disclosure of PHI.
No
§ 101.058
Access to Records
and Confidentiality
Related/
Not Contrary
This statute, as well as 40 TAC § 83.11(e), requires the
state ombudsman to have access to patient care records
of elderly residents of long-term care facilities.
(1) HIPAA permits certain disclosures for the purpose of
health care oversight, including access to patient records
for health care oversight. 45 C.F.R. § 164.512(d)(1).
(2) The ombudsman has not designated itself a covered
entity.
No
333