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

Texas Occupations Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 159.002
Confidential
Communications
Related/
Not Contrary
This law makes physician-patient communications and any
"record of the identity, diagnosis, evaluation, or treatment of a
patient by a physician that is created or maintained by a
physician" confidential and privileged, except as provided by
this chapter of the Occ. Code. Subsection (d) allows disclosure
of records that are at least 100 years old that are requested for
historical research purposes.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
No
Covered entities should also note the HIPAA requirements for
privacy of IIHI for deceased individuals pursuant to 45 C.F.R. §
164.502(f).
§ 159.003
Exceptions to
Confidentiality in
Court or
Administrative
Proceedings
Related/
Not Contrary
This law creates exceptions to general confidentiality rule for
certain court or administrative proceedings.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
Covered entities should also note HIPAA contains additional
requirements for use or disclosure in a judicial or administrative
proceeding, under 45 C.F.R. § 164.512(e)(1).
No
This law creates exceptions to confidentiality in other situations.
§ 159.004
Exceptions to
Confidentiality in
Other Situations
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
Covered entities should also note HIPAA contains additional
requirements relevant to many of these provisions, including but
not limited to:
Health oversight under 45 C.F.R. § 164.512(d),e(2);
De-identification under 45 C.F.R. § 164.514(d); and
Health care operations under 45 C.F.R. § 164.506(c).
No
389