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
§ 159.005
Consent for
Release of
Confidential
Information
Related/
Not Contrary
This law sets out requirements for patient consent for the
release of confidential information.
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 an authorization under 45 C.F.R. § 164.508.
No
§ 159.006
Information
Furnished by
Physician
Related/
Not Contrary
This law requires a physician to provide patient records to the
patient unless the physician determines that access to the
information would be harmful to the physical, mental, or
emotional health of the patient, if the physician has obtained a
written consent for release of information as provided by
Section 159.005. This law also requires release of patient
records to a subsequent or consulting physician when
requested in writing.
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 HIPAA contains additional
requirements for form of access at 45 C.F.R.§ 164.524(c)(2).
§ 159.0061
Appointment of
Custodian of
Physicians
Records
Related/
Not Contrary
Requires BME to adopt rules allowing the board to appoint a
custodian of a physician's billing or medical records.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
No
390