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
The Commissioner of Insurance (or his
designee) acts as receiver of an insurer placed
in receivership under Art. 21.28.
Art. 21.28
Liquidation,
Rehabilitation,
Reorganization or
Conservation of
Insurers
Related/
Not Contrary
TDI is considered a health oversight agency.
HIPAA permits certain disclosures for the
purpose of health care oversight. 45 C.F.R. §
164.512(d)(1).
Moreover, any disclosure to the receiver would
be required by law, and HIPAA permits
appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
Such disclosure would also be pursuant to
judicial or administrative order, and HIPAA
permits a covered entity to disclose PHI in the
course of a judicial or administrative proceeding
in response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
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