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

Texas Human Resources Code
Section
§ 112.021
Protection and
Advocacy of
Individual Rights
Related/
Contrary
Related/
Not Contrary
Explanation
To the extent the records are PHI obtained from a covered
entity, HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. § 164.512(a)(1).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 112.0201
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
Title 7: Rehabilitation of Individuals With Disabilities
Chapter 115: Governor's Committee on People With Disabilities
§ 115.011
Complaints
Related/
Not Contrary
(1) The complaint information does not appear to be PHI
obtained 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
Title 7: Rehabilitation of Individuals With Disabilities
Chapter 117: Department of Assistive and Rehabilitative Services
§ 117.072
Information
Regarding
Complaints
Related/
Not Contrary
The complaint information received by the Department of
Assistive and Rehabilitative Services does not appear to
be PHI obtained from a covered entity.
No
§ 122.009(a) & (b)
Records
§ 122.020(b),(c),(d)
Consumer
Information;
Complaints
Related/
Not Contrary
Related/
Not Contrary
Title 7: Rehabilitation of Individuals With Disabilities
Chapter 122: Texas Council on Purchasing From People With Disabilities
No covered entity
No covered entity
No
No
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