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

Texas Administrative Code
Section
25 TAC § 37.503
Newborn Hearing
Screening,
Tracking, and
Intervention
Program
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. S
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation is not contrary to HIPAA because the
program is not a covered entity. Even if it were,
HIPAA provides for disclosure that is pursuant to a
valid authorization. 45 C.F.R. § 164.508.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 37.507
Information
Concerning
Screening Results
and Follow-up Care
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. S
Related/Not
Contrary
HIPAA permits the use and disclosure of IIHI in the
course of certain treatment, payment, and health
care operations. 45 C.F.R. § 164.506.
No
25 TAC § 37.509
Information
Management,
Reporting, and
Tracking System
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. S
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
program is not a covered entity. Even if it were, the
section does not specifically call for a use or
disclosure.
No
25 TAC § 37.510
Texas Department
of Health
Responsibilities
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. S
Related/Not
Contrary
Uses authorized by this regulation are not contrary
to HIPAA because the department is not a covered
entity and because, even if it were, HIPAA permits
disclosure for certain public health activities. 45
C.F.R. § 164.512(b).
No
25 TAC § 37.511
Confidentiality and
General Access to
Data
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 37
(Maternal and Infant
Health Services) -
Subch. S
Related/Not
Contrary
HIPAA provides for disclosure that is pursuant to a
valid authorization. 45 C.F.R. § 164.508. In addition,
covered entities making the disclosures could also
rely upon 45 C.F.R. § 164.512(b), disclosures for
certain public health activities.
No
25 TAC § 38.3
Eligibility for
CSHCN Program
Services
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 38
(Children with
Special Health Care
Needs Services
Program)
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
program is not a covered entity and even if it were,
HIPAA permits the use and disclosure of IIHI in the
course of certain treatment, payment, and health
care operations. 45 C.F.R. § 164.506.
No
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