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
As to Subsection 4(d)(2):
HIPAA permits disclosure for certain law
enforcement purposes. 45 C.F.R. § 164.512(f).
Art. 21.73
Use of Genetic
Testing Information
by Insurers
Related/
Not Contrary
As to Subsections 4(c)(4) and (5):
They are broader than HIPAA;
(1) 45 C.F.R. § 164.512(f)(4) allows disclosure
about a decedent to a law enforcement official
for the purpose of alerting law enforcement of
the death of the individual if criminal conduct is
suspected.
(2) 45 C.F.R. § 164.512(g), which allows
disclosure to coroners, medical examiners, and
funeral directors. See "Recurring Issues -
Decedents" in text of Report.
No
As to Subsection 4(d)(1):
It permits disclosure for actuarial report or
research studies if a tested individual may not be
identified in any actuarial or research report and
any materials that identify a tested individual are
returned or destroyed as soon as reasonably
practicable. See text of Report "Recurring
Issues-Records Retention").
Chapter 28B
Privacy of Health
Information
§ 36.159
Privileged and
Confidential Records
& Information;
Protective Orders
Related/
Not Contrary
Related/
Not Contrary
"Covered entities" are not subject to Chapter
28B. See Art. 28B.05.
Title 2: Texas Department of Insurance
Chapter 36: Department Rules and Procedures
Once introduced into evidence, it is no longer
personal health information (PHI).
No
No
Title 2: Texas Department of Insurance
Chapter 38: Data Collection and Reports
345