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
Sec. 8(c) authorizes a utilization review agent
(URA) to provide confidential information to a
third party under contract or affiliated with the
URA for assisting with UR.
Article 21.58A Sec.
8(c)
Related/
Not Contrary
45 C.F.R. § 164.504(e) requires that the URA
and the third party execute a business associate
agreement. It appears to be possible to comply
with both HIPAA and this state law if the URA
also complies with the Business Associate
Agreement requirements of HIPAA when
releasing the informaion to a third party that is
not a covered entity.
No
Article 21.58A Sec.
8(e)
Related/
Not Contrary
Sec. 8(e) permits a URA to charge a reasonable
fee to be set by rule of the Commissioner for
providing copies of personal information to
individuals.
The Commissioner's rules should not be more
onerous than the requirements of 45 C.F.R.§
164.524(c)(4), which sets out what may be
included in the fee. See text of Report on "Cost
for Copies."
No
Article 21.58A Sec.
8(f)
Related/
Not Contrary
Sec. 8(f) allows a URA to provide information to
an independent review organization (IRO).
HIPAA permits the use and disclosure of IIHI in
the course of certain treatment, payment, and
health care operations. 45 C.F.R. § 164.506.
No
343