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

Texas Administrative Code
Section
25 TAC § 38.12
Denial/Modification/
Suspension/Termin
ation of Eligibility
for Health Care
Benefits and/or
Health Care
Benefits
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 38
(Children with
Special Health Care
Needs Services
Program)
Related/
Contrary
Related/Not
Contrary
Explanation
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.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 38.13
Right of Appeal
25 TAC § 39.91
Purpose and
Authority
25 TAC § 39.92
Definitions
25 TAC § 39.93
Provider
Registration
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 38
(Children with
Special Health Care
Needs Services
Program)
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 39
(Primary Health
Care Services
Program) - Subch.
D
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 39
(Primary Health
Care Services
Program) - Subch.
D
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 39
(Primary Health
Care Services
Program) - Subch.
D
Related/Not
Contrary
Not Related
Not Related
Not Related
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 and for
dislcosures in the course of judicial or administrative
proceeding. 45 C.F.R. § 164.512(e).
Information handled by clearinghouse seems to be
that related to providers, and not PHI.
Information handled by clearinghouse seems to be
that related to providers, and not PHI.
Information handled by clearinghouse seems to be
that related to providers, and not PHI.
No
No
No
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