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
Chapter 412
State Office of Risk
Management
Not Related
No
Title 5: Workers' Compensation
Chapter 413: Medical Review
§ 413.008
Information from
Insurance Carriers;
Administrative
Violation
Related/
Not Contrary
This law requires the Workers Compensation
Commission to keep confidential any information it
receives from insurance carriers.
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).
No
§ 413.0511
Medical Advisor
Related/
Not Contrary
This law requires the commission to select a
medical advisor who will review confidential
information from the medical quality review panel.
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).
No
§ 413.0512
Medical Quality
Review Panel
Related/
Not Contrary
This law establishes a medical quality review panel,
which reviews confidential information.
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).
No
§ 413.0513
Confidentiality
Requirements
Related/
Not Contrary
This law makes confidential all information reviewed
by or on behalf of the commission.
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).
No
361