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

Texas Labor Code
Chapter/
Section
Chapter 310
Child-care Resource and
Referral Network
Chapter 311
Voluntary Workforce
Training for Certain
Students
Chapter 401
General Provisions
§ 402.083
Texas Workers'
Compensation
Commission;
Confidentiality of Injury
Information
Related/
Contrary
Not Related
Not Related
Not Related
Related/Not
Contrary
Explanation
TITLE 5. WORKERS' COMPENSATION
This law makes employee injury claim information/files
confidential, except where an employee has been finally
adjudicated of wrongfully receiving payment under this Title.
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
No
No
No
Recommendation
§ 402.084
Texas Workers'
Compensation
Commission; Record
Check; Release of
Information
Related/Not
Contrary
This law provides for release of the employee claim
information that is confidential under § 401.083.
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
§ 402.085
Texas Workers'
Compensation
Commission; Exceptions
to Confidentiality
Related/Not
Contrary
This law makes exceptions to confidentiality of employee
claim information.
This law is not contrary to HIPAA because it falls within the
HIPAA allowable use and disclosure for compliance with
workers' compensation laws, 45 C.F.R. § 164.512(l).
No
373