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

Texas Human Resources Code
Section
§ 101.059
Reporting System
Related/
Contrary
Related/
Not Contrary
Explanation
HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
Title 6: Services for the Elderly
Chapter 102: Rights of the Elderly
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 102.003
Rights of the Elderly
Related/
Not Contrary
as to (j)
(1) HIPAA permits certain disclosures of PHI to the
individual. 45 C.F.R. § 164.502(a).
(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.
(3) A covered entity can comply with this section and
HIPAA.
No
§ 102.004
List of Rights
§ 105.003
Disclosure Required
in Contract
Not Related
Related/
Not Contrary
Requires provider to give an elderly individual a list of
rights; does not affect the privacy of PHI.
Title 6: Services for the Elderly
Chapter 105: Residential Facilities for the Elderly
Does not affect the privacy of PHI.
No
No
§ 111.018(b)
Administrative
Regulations and
Policies
§ 111.026(c)(d)&(e)
Public Interest
Information;
Complaints
Related/
Not Contrary
Related/
Not Contrary
Title 7: Rehabilitation of Individuals With Disabilities
Chapter 111: Texas Rehabilitation Commission
No covered entity
No covered entity
No
No
§ 111.057
Unlawful Use of Lists
of Names
Related/
Not Contrary
Statute authorizes receipt of client information from other
state agencies unless precluded by federal law or
regulation; no covered entity.
No
Title 7: Rehabilitation of Individuals With Disabilities
Chapter 112: Developmental Disabilities
334