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

Texas Labor Code
Section
Chapter 1
General Provisions
Related/
Contrary
Not Related
Preemption
Explanation
Exception
Title 1: General Provisions
Title 2: Protection of Laborers
Chapter 21: Employment Discrimination
Is State Law
Preempted?
No
Recommendation
This provision requires the Texas Workforce
Commission on Human Rights to investigate
employment discrimination complaints.
§ 21.204
Investigation by
Commission
Related/
Not Contrary
To the extent that this involves gathering records
regarding a complaint of disability discrimination or
discrimination based on genetic information, this law
relates to privacy of IIHI.
No
This law is not contrary to HIPAA because the
Texas Workforce Commission on Human Rights is
not a covered entity, and because it involves
employment records, which are excepted from the
definition of PHI pursuant to 45 C.F.R. § 160.103.
This provision prohibits the Texas Workforce
Commission on Human Rights from disclosing to
the public information it gathers in investigating
employment discrimination complaints.
§ 21.304
Confidentiality of
Records
Related/
Not Contrary
To the extent that this deals with disability
discrimination or discrimination based on genetic
information, this law relates to privacy of IIHI.
No
This law is not contrary to HIPAA because the
Texas Workforce Commission on Human Rights is
not a covered entity, and because it involves
employment records, which are excepted from the
definition of PHI pursuant to 45 C.F.R. § 160.103.
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