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

Texas Administrative Code
Section
25 TAC § 37.305
Surveillance of
Birth Defects:
Central Registry
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. P
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation is not contrary to HIPAA because the
program is not a covered entity and the only people
to whom the information could be disclosed would
be employees or people who have gone through the
IRB process, which in turn would be consistent with
HIPAA protocols. See 45 C.F.R. § 164.512(i).
Preemption
Exception
Is State Law
Preempted?
No.
Recommendation
25 TAC § 37.306
Access to
Information in the
Central Registry
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. P
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
program is not a covered entity and the only people
to whom the information could be disclosed would
be employees or people who have gone through the
IRB process, which in turn would be consistent with
HIPAA protocols. See 45 C.F.R. § 164.512(i).
No.
25 TAC § 37.333
Confidentiality of
Information
Provided to the
Department
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. Q
Related/Not
Contrary
HIPAA permits disclosure of PHI as required by law.
45 C.F.R. § 164.512(a)(1) and/or certain public
health activities. 45 C.F.R. § 164.512(b).
No.
25 TAC § 37.334
Reportable Health
Condition
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. Q
Related/Not
Contrary
HIPAA permits disclosure of PHI as required by law.
45 C.F.R. § 164.512(a)(1) and/or certain public
health activities. 45 C.F.R. § 164.512(b). Also,
registry is not a covered entity.
No.
25 TAC § 37.335
Persons Required
to Report
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. Q
Related/Not
Contrary
HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
No.
25 TAC § 37.336
Reporting
Procedures
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. Q
Related/Not
Contrary
HIPAA permits disclosure for certain public health
activities. 45 C.F.R. § 164.512(b).
No.
33