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
This law makes confidential all proceedings, records, and
communications by or to a medical peer review committee.
This law also creates exceptions to confidentiality for disclosure
to various entities.
§ 160.007
Confidentiality
Relating to
Medical Peer
Review
Committee
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity can
comply with this law and with the requirements under HIPAA.
Peer review activities under this law are consistent with the
HIPAA allowable use and disclosure for health oversight
activities under 45 C.F.R § 164.512(d), and use and disclosure
for health care operations at 45 C.F.R. § 164.506.
No
Confidentiality under this law does not prevent a covered entity
from disclosing a Designated Record Set to which an individual
has a right of access under HIPAA at 45 C.F.R. § 164.524.
See 45 C.F.R. § 164.501 (defining "Designated Record Set");
see also 65 Fed. Reg. 82,554 for comments.
This law permits use of otherwise confidential information as
evidence in a civil proceeding by any defendant in any civil
action filed as a result of participation in peer review.
§ 160.008
Use of Certain
Confidential
Information
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 note the HIPAA requirements for use
and disclosure in a judicial or administrative proceeding under
45 C.F.R. § 164.512(e), or pursuant to a valid authorization
under 45 C.F.R. § 164.508.
No
393