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
§ 21.403
Employment
Discrimination;
Confidentiality of Genetic
Information
Related/Not
Contrary
This law relates to employment discrimination based on
genetic information, which is defined generally as the
presence or absence of genetic characteristics which are
medically and scientifically believed to predispose an
individual to a disease, disorder, or syndrome. This provision
states: "Except as provided by Section 21.4031, genetic
information is confidential and privileged regardless of the
source of the information" and "a person who holds genetic
information about an individual may not disclose or be
compelled to disclose, by subpoena or otherwise, that
information unless the disclosure is specifically authorized as
provided by Section 21.4032 [allowing disclosure if written
authorization]."
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA. In a sense, this law is more stringent than HIPAA
because HIPAA permits disclosure of PHI in response to a
subpoena if the requesting party provides satisfactory
assurances, such as an attempt to obtain a qualified
protective order, pursuant to 45 C.F.R. § 164.512(e)(1)(ii),
dealing with uses and disclosures related to judicial or
administrative proceedings.
No
367