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 Supervisor or Conservator of an insurer
placed in supervision or conservation under Art.
21.28A is an agent of the Commissioner of
Insurance.
Art. 21.28-A
Insurer
Delinquencies and
Prevention of Insurer
Delinquencies;
Supervision of
Insurers and
Proceedings,
Conservatorships,
Liquidations -
Additional and
Alternate Provisions
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 Supervisor or
Conservator 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).
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).
No
Art. 21.49-3b
Joint Underwriting
Associations
Not Related
No
Art. 21.49-19
Health Benefit Claim
Cost Information
Required to be
Provided to
Employer
Not Related
Statute specifically requires de-identified
information.
No
341