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

Texas Labor Code
Section
Chapter 305
Texas Career
Opportunity Grant
Program
Chapter 306
Project Rio
(Reintegration of
Offenders)
Chapter 307
Employment Service
Chapter 308
Texans Work
Program
Chapter 309
Self-Sufficiency Fund
Chapter 310
Child-Care Resource
and Referral Network
Chapter 311
Voluntary Workforce
Training for Certain
Students
Chapter 401
General Provisions
§ 402.083
Confidentiality of
Injury Information
Related/
Contrary
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Explanation
Title 5: Workers' Compensation
Preemption
Exception
Title 5: Workers' Compensation
Chapter 402: Texas Workers' Compensation Commission
This law makes employee injury claim
information/files confidential, except where an
employee has been finally adjudicated of wrongfully
receiving payment under this Title.
This law is not contrary to HIPAA because it falls
within the HIPAA allowable use and disclosure for
compliance with workers' compensation laws
pursuant to 45 C.F.R. § 164.512(l).
Is State Law
Preempted?
No
No
No
No
No
No
No
No
No
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