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

Texas Insurance Code
Section/Article
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
Art. 5.58
Rate Administration
for Workers'
Compensation
Insurance Policies;
Claims Reports
Related/
Not Contrary
(1) The HIPAA definition of "health plans" in 45
C.F.R. § 164.103 does not include workers'
compensation insurers.
(2) Even if a workers' compensation insurer
were a covered entity, 45 C.F.R. § 164.512(l)
provides that a covered entity may disclose
protected health information to the extent
necessary to comply with workers'
compensation programs.
No
Art. 5.76-3
Texas Mutual
Insurance Company
Not Related
(1) The HIPAA definition of "health plans" in 45
C.F.R. § 164.103 does not include workers'
compensation insurers.
(2) Even if a workers' compensation insurer
were a covered entity, 45 C.F.R. § 164.512(l)
provides that a covered entity may disclose
protected health information to the extent
necessary to comply with workers'
compensation programs.
No
Art. 5.76-4
Company as Insurer
of Last Resort
Not Related
(1) The HIPAA definition of "health plans" in 45
C.F.R. § 164.103 does not include workers'
compensation insurers.
(2) Even if a workers' compensation insurer
were a covered entity, 45 C.F.R. § 164.512(l)
provides that a covered entity may disclose
protected health information to the extent
necessary to comply with workers'
compensation programs.
No
Title 1: The Insurance Code of 1951
Chapter 21: General Provisions
338