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

Texas Administrative Code
Section
25 TAC § 39.93
Duties of the
Department
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 39
(Primary Health
Care Services
Program) - Subch.
D
Related/
Contrary
Not Related
Explanation
Information handled by clearinghouse seems to be
that related to providers, and not PHI.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 61.78
Patient Rights
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 61
(Chronic Diseases)
- Subhchapter E
Related/Not
Contrary
This regulation is not contrary to HIPAA because
subsection (b) requires the clinics to protect the
confidentiality of patient information. To the extent
the clinics are covered entities, this should
incorporate HIPAA's provisions.
No
25 TAC § 49.4
Application Process
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 49
(Oral Health
Improvement
Services Program)
Related/Not
Contrary
Requires referral to program by a third party
nominator. To the extent the nominator were a
covered entity, HIPAA permits disclosures for the
purposes of certain treatment, payment, and health
care operations, 45 C.F.R. § 164.506.
No
25 TAC § 49.13
Confidentiality
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 49
(Oral Health
Improvement
Services Program)
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
department is not a covered entity and even if it
were, the medical/dental records covered by the
provision are "confidential by law."
No
25 TAC § 61.2
Recipient
Requirements
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 61
(Chronic Diseases)
- Subhchapter A
Related/Not
Contrary
No covered entity or PHI involved.
No
25 TAC § 61.14
Confidentiality of
Information
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 61
(Chronic Diseases)
- Subhchapter A
Related/Not
Contrary
This regulation is not contrary to HIPAA because the
program is not a covered entity and even if it were,
the provision is consistent with HIPAA because it
ensures that the information gathered remains
confidential as authorized by law and authorizes
disclosures only in summary fashion. In addition,
HIPAA permits disclosure by covered entities for
certain public health activities. 45 C.F.R. §
164.512(b).
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