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

Texas Labor Code
Section
Related/
Contrary
Explanation
This provision allows a party to an employment
discrimination complaint to have access to the
complaint records held by the Texas Workforce
Commission on Human Rights.
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 21.305
Access to
Commission 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.
§ 21.306
Subpoena of Record
or Report
Related/
Not Contrary
This provision relates to confidentiality of records of
employment discrimination complaints and allows
the Texas Workforce Commission on Human Rights
to issue a subpoena for the complaint records if the
person fails to allow access to them, or obtain an
order from a district court if the person does not
comply with the subpoena.
To the extent that this deals with disability
discrimination or discrimination based on genetic
information, it 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.
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