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

Texas Occupations Code
Section
§ 160.055
Sanctions for
Failure to Report
§ 160.056
Civil Liability
§ 160.101
Report by Court
to Department of
Public Safety
Related/
Contrary
Not Related
Not Related
Not Related
Explanation
Authorizes sanctions to be imposed on an insurer who fails to
file a § 160.052 report. This law does not relate to privacy of
IIHI.
Waives any liability against insurers for actions taken pursuant
to Chapter 160, subchapter B.
This law does not relate to privacy of IIHI.
Requires a court clerk to report the conviction or deferred
adjudication placement of a physician or applicant to the
Department of Public Safety.
This law does not relate to privacy of IIHI.
Preemption
Exception
Is State Law
Preempted?
No
No
No
Recommendation
§ 160.102
Report by Court
to Board
Related/
Not Contrary
Requires a court clerk to report to the BME a finding that a
physician is mentally ill or incompetent.
This law is not contrary to HIPAA because the court clerk is not
a covered entity; and HIPAA permits appropriately limited
disclosure of PHI that is required by law, 45 C.F.R. §
164.512(a)(1).
No
§ 162.106
Inspections
§ 162.154
Furnishing of
Data to Health
Care Entity
Related/
Not Contrary
Not Related
Title 3: Health Professions
Chapter 162: Regulation of Practice of Medicine
This law allows the BME to conduct inspections of an
anesthesiologist's office and documents that relate to provision
of anesthesia in an outpatient setting.
This law is not contrary to HIPAA because HIPAA permits
certain disclosures for the purpose of health oversight. 45
C.F.R. § 164.512(d).
Requires BME to make available to a health care entity
credential data it collects on a physician. This law does not
relate to privacy of IIHI.
No
No
§ 162.159
Confidentiality
Not Related
This law makes confidential the BME's records of physician
credentials. This law does not relate to privacy of IIHI.
No
396