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

Texas Labor Code
Chapter/
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
TITLE 1. GENERAL PROVISIONS
Ch. 1
General Provisions
Not Related
No
TITLE 2. PROTECTION OF LABORERS
§ 21.204
Employment
Discrimination;
Investigation by
Commission
Related/Not
Contrary
This provision requires the Texas Workforce Commission on
Human Rights to investigate employment discrimination
complaints. To the extent that this involves gathering records
regarding a complaint of disability discrimination or
discrimination based on genetic information, this law relates to
privacy of IIHI.
This law is not contrary to HIPAA because the Texas
Workforce Commission on Human Rights is not a covered
entity, and because it involves employment records, which are
excepted from the definition of PHI pursuant to 45 C.F.R. §
160.103.
No
§21.304
Employment
Discrimination;
Confidentiality of Records
Related/Not
Contrary
This provision prohibits the Texas Workforce Commission on
Human Rights from disclosing to the public information it
gathers in investigating employment discrimination
complaints.
To the extent that this deals with disability discrimination or
discrimination based on genetic information, this law relates to
privacy of IIHI.
This law is not contrary to HIPAA because the Texas
Workforce Commission on Human Rights is not a covered
entity, and because it involves employment records, which are
excepted from the definition of PHI pursuant to 45 C.F.R. §
160.103.
No
365