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
It is not impossible for a covered entity to comply
with both HIPAA and Subsections (a), (b), (c)(1)
& (3), and (e) of this statute.
§ 1551.063
Confidentiality of
Certain Records
Related/
Not Contrary
Subsection (c)(2) authorizes the board of
trustees to release the records to another
governmental entity. 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). If
such disclosure is not made pursuant to 45
C.F.R. § 164.512(e)(1)(i) or another authorized
use or disclosure provision of HIPAA, the
governmental authority must comply with
HIPAA's restrictions on use or disclosure.
No
Subsection (c)(4) authorizes release to a party in
response to a subpoena issued under applicable
law. HIPAA permits a covered entity to disclose
PHI in response to subpoenas. 45 C.F.R. §
164.512(f)(1)(i)(A).
Title 8: Health Insurance and Other Health Coverage
Chapter 1575: Texas Public School Employees Group Benefits Program
§ 1575.255
Proof of Compliance
Not Related
No
§ 1575.360
Confidentiality
Related/
Not Contrary
Not contrary because HIPAA recognizes the
confidentiality of credentialing committee
records in definition of "health care operations."
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
348