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

Texas Labor Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
This law provides exceptions to the confidentiality of
genetic information, sets out instances where an
authorization is not required for disclosure of the
genetic information, and makes exceptions to
confidentiality.
§ 21.4031
Exceptions to
Confidentiality
Related/
Not Contrary
This law is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA. Covered entities
should note HIPAA requirements for use and
disclosure for:- law enforcement purposes under 45
C.F.R. § 164.512(f);- judicial and administrative
proceedings under 45 C.F.R. § 164.512(e)(1)(i); -of
a deceased person's PHI only to coroners and
medical examiners under 45 C.F.R. § 164.512(g);-
for research purposes under 45 C.F.R. §
164.512(i);- vital statistics reporting for public health
under 45 C.F.R. § 164.512(b)(1)(i).
No
§ 21.4032
Authorized Disclosure
Related/
Not Contrary
This law allows written authorization for disclosure of
genetic information to the individual or their legal
representative. The authorization must contain: "(1)
a description of the information to be disclosed; (2)
the name of the person to whom the disclosure is
made; and (3) the purpose for the disclosure."
This law is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA. Covered entities
should note HIPAA requirements for a written
authorization under 45 C.F.R. § 164.508(c).
No
352