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
§ 413.0514
Medical Review;
Information Sharing with
Occupational Licensing
Boards
Related/Not
Contrary
This law creates information sharing between the commission
and the Texas State Board of Medical Examiners, and states
the information remains confidential.
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
§ 413.052
Medical Review;
Production of Documents
Related/Not
Contrary
This law requires the commission to make rules for
compelling the production of documents.
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
Chapter 414
Division of Compliance
and Practices
Chapter 415
Administrative Violations
Chapter 416
Actions Against Insurance
Carrier for Breach of Duty
Chapter 417
Third-party Liability
Chapter 418
Criminal Penalties
Chapter 451
Discrimination Prohibited
Not Related
Not Related
Not Related
Not Related
Not Related
Not Related
No
No
No
No
No
No
378