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
§ 160.009
Compliance with
Subpoena
Related/
Not Contrary
This law requires a health care entity to comply with a subpoena
by the board.
This law is not contrary to HIPAA because HIPAA permits
appropriately limited disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
No
§ 160.010
Immunity from
Civil Liability
Not Related
Makes certain people/entities immune from civil liability. This
law does not relate to privacy of IIHI.
No
§ 160.011
Not State Action
Not Related
Reports made by certain people/entities (medical peer review,
medical students, physicians) are not "state actions."
This law does not relate to privacy of IIHI.
No
§ 160.012
Discipline or
Discrimination
Prohibited
Not Related
Prohibits a person from suspending, terminating, disciplining or
otherwise discriminating against a person who makes a report
(see above) to the BME.
This law does not relate to privacy of IIHI.
No
§ 160.013
Expungement of
Report Made in
Bad Faith
Not Related
Requires a complaint against a physician or applicant made in
bad faith be expunged from physician's or applicant's record.
This law does not relate to privacy of IIHI.
No
§ 160.014
Action by Health
Care Entity Not
Precluded
Not Related
Allows a health care entity to suspend, restrict or revoke
privileges or membership of a physician, even when complaint
has been filed with board, or is under investigation or has been
disposed of.
This law does not relate to privacy of IIHI.
No
394