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

Texas Insurance Code
Section/Article
Related/
Contrary
Preemption
Explanation
Exception
Title 1: The Insurance Code of 1951
Chapter 1: The Board, Its Powers and Duties
Is State Law
Preempted?
Recommendation
As to subsections (2)(d), (d-1), & (e):
(1) HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
(2) HIPAA permits disclosure for certain law
enforcement purposes. 45 C.F.R. § 164.512(f).
Art. 1.10D
Insurance Fraud Unit
Related/
Not Contrary
As to subsection (3):
HIPAA permits disclosure for certain law
enforcement purposes. 45 C.F.R. § 164.512(f).
No
As to subsection (4):
HIPAA permits appropriately limited disclosure
of PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
As to subsections (5), (6) & (7):
These do not address disclosure of PHI.
Art. 1.15A
Independent Audit of
Financial Statements
Not Related
Relates to financial statements.
No
Art. 1.35A
Office of Public
Insurance Counsel
Related/
Not Contrary
Not contrary because the statute authorizes
OPIC to obtain the information by law.
Title 1: The Insurance Code of 1951
Chapter 5: Rating and Policy Forms
No
337