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
§ 38.001
Inquiries
Related/
Not Contrary
HIPAA permits appropriately limited disclosure
of PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
No
§ 38.106
Information
Confidential
Related/
Not Contrary
This is not a disclosure statute. It provides that
reports made to the commissioner under other
provisions of the subchapter may not be
disclosed to the public if the commissioner
determines that such information would reveal or
might reveal the identity of an individual. The
section also provides that the information is not
subject to public disclosure to the extent it is
protected under Chapter 552, Gov't Code.
No
§ 38.162
Information
Confidential
Related/
Not Contrary
Provides that the information included in a
closed claim report is confidential and may not
be made available by TDI to the public.
No
Title 6: Organization of Insurers and Related Entities
Chapter 843: Health Maintenance Organizations
TDI is a health oversight agency and the use or
disclosure of this information to a health
oversight agency is not contrary to HIPAA.
§ 843.102
Health Maintenance
Organization Quality
Assurance
Related/
Not Contrary
(1) HIPAA permits certain disclosures for the
purpose of health care oversight. 45 C.F.R. §
164.512(d)(1).
(2) HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
(3) HIPAA permits disclosure for certain law
enforcement purposes. 45 C.F.R. § 164.512(f).
No
346