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

Texas Labor Code
Chapter/
Section
§ 413.008
Medical Review;
Information from
Insurance Carriers;
Administrative Violation
Related/
Contrary
Related/Not
Contrary
Explanation
This law requires the Workers Compensation Commission to
keep confidential any information it receives from insurance
carriers.
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
Recommendation
§ 413.0511
Medical Review; Medical
Advisor
§ 413.0512
Medical Review;
Medical Quality Review
Panel
Related/Not
Contrary
Related/Not
Contrary
This law requires the commission to select a medical advisor
who will review confidential information from the medical
quality review panel.
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).
This law establishes a medical quality review panel, which
reviews confidential information.
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
No
§ 413.0513
Medical Review;
Confidentiality
Requirements
Related/Not
Contrary
This law makes confidential all information reviewed by or on
behalf of the commission.
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
377