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

Texas Labor Code
Section
§ 402.084
Record Check;
Release of
Information
Related/
Contrary
Related/
Not Contrary
Explanation
This law provides for release of the employee claim
information that is confidential under § 401.083.
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).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 402.085
Exceptions to
Confidentiality
Related/
Not Contrary
This law makes exceptions to confidentiality of
employee claim information.
This law is not contrary to HIPAA because it falls
within the HIPAA allowable use and disclosure for
compliance with workers' compensation laws, 45
C.F.R. § 164.512(l).
No
§ 402.086
Transfer of
Confidentiality
Related/
Not Contrary
This law makes employee claim information
confidential when released to any person, except
when used in court for the purposes of an appeal,
and does not prohibit an employer from releasing
information about a former employee to another
employer with whom the employee has applied for
employment, if that information was lawfully
acquired by the employer releasing the information.
No
This law is not contrary to HIPAA because it falls
within the HIPAA allowable use and disclosure for
compliance with workers' compensation laws, 45
C.F.R. § 164.512(l).
§ 402.087
Information Available
to Prospective
Employers
Related/
Not Contrary
This law allows a prospective employer to obtain the
claim file on an applicant employee if the employee
gives written authorization for the release of their
claims file.
This law is not contrary to HIPAA because it falls
within the HIPAA allowable use and disclosure for
compliance with workers' compensation laws, 45
C.F.R. § 164.512(l).
No
358