Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Administrative Code
Section
25 TAC § 37.119
Confidentiality of
Information
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. F
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation is not contrary to HIPAA because the
program is not a covered entity and even if it were,
the provision is consistent with HIPAA because it
ensures that the information gathered remains
confidential as authorized by law and authorizes
disclosures only in summary fashion. In addition,
HIPAA permits disclosure by covered entities for
certain public health activities. 45 C.F.R. §
164.512(b).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 37.151
Confidentiality of
Information
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. G
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
program is not a covered entity and even if it were,
the provision is consistent with HIPAA because it
ensures that the information gathered remains
confidential as authorized by law and authorizes
disclosures only in summary fashion. In addition,
HIPAA permits disclosure by covered entities for
certain public health activities. 45 C.F.R. §
164.512(b).
No
25 TAC § 37.302
Policy
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. P
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
program is not a covered entity and the only people
to whom the information could be disclosed would
be employees or people who have gone through the
IRB process, which in turn would be consistent with
HIPAA protocols. See 45 C.F.R. § 164.512(i).
No.
25 TAC § 37.303
Definitions
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. P
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
program is not a covered entity and the only people
to whom the information could be disclosed would
be employees or people who have gone through the
IRB process, which in turn would be consistent with
HIPAA protocols. See 45 C.F.R. § 164.512(i).
No.
25 TAC § 37.304
Confidentiality of
Information
Provided to the
Department
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. P
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
department is not a covered entity. In addition, the
department is bound by the common rule, which
affords protection to the information. Covered
entities may disclose to the registry because HIPAA
permits disclosure for certain public health activities.
45 C.F.R. § 164.512(b)
No.
32