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
This provision allows a party to an employment discrimination
complaint to have access to the complaint records held by the
Texas Workforce Commission on Human Rights.
§ 21.305
Employment
Discrimination; Access to
Commission Records
Related/Not
Contrary
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
§ 21.306
Employment
Discrimination; Subpoena
of Record or Report
Related/Not
Contrary
This provision relates to confidentiality of records of
employment discrimination complaints and allows the Texas
Workforce Commission on Human Rights to issue a
subpoena for the complaint records if the person fails to allow
access to them, or obtain an order from a district court if the
person does not comply with the subpoena.
To the extent that this deals with disability discrimination or
discrimination based on genetic information, it 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.
No
366