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

Texas Labor Code
Section
§ 413.0514
Information Sharing
with Occupational
Licensing Boards
Related/
Contrary
Related/
Not Contrary
Explanation
This law creates information sharing between the
commission and the Texas State Board of Medical
Examiners, and states the information remains
confidential.
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
§ 413.052
Production of
Documents
Related/
Not Contrary
This law requires the commission to make rules for
compelling the production of documents.
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
Chapter 414
Division of
Compliance and
Practices
Chapter 415
Administrative
Violations
Chapter 416
Actions Against
Insurance Carrier for
Breach of Duty
Chapter 417
Third-party Liability
Chapter 418
Criminal Penalties
Chapter 451
Discrimination
Prohibited
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
No
No
No
No
No
No
362