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
§ 160.015
Immunity of
Hospital District
or Hospital
Authority
Not Related
Relates to a hospital district's or authority's immunity. This law
does not relate to privacy of IIHI.
No
§ 160.051
Definitions
Not Related
Purely a definitional section. This law does not relate to privacy
of IIHI.
No
§ 160.052
Report from
Insurer or
Physician
Related/
Not Contrary
This law requires physician insurers to submit to the Board
complaints and "notice of claim letters" relating to the insured's
conduct in providing or failing to provide appropriate services.
This law relates to privacy of IIHI to the extent that claims and
complaints contain IIHI of patients.
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
§ 160.053
Contents of
Report;
Additional
Information
Related/
Not Contrary
This law sets out the types of information that must be
submitted to the Board under § 160.052, see above.
This law relates to privacy of IIHI to the extent that claims and
complaints contain IIHI of patients.
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
§ 160.054
Report Not
Evidence
Related/
Not Contrary
This law prohibits use of § 160.052 information as evidence in a
civil action against a physician based on providing or failing to
provide medical care.
This law relates to privacy of IIHI to the extent that claims and
complaints contain IIHI of patients.
No
This law is not contrary because a covered entity could comply
with this law and with the requirements under HIPAA.
395