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 creates further exceptions to the confidentiality
provisions of § 201.402.
§ 201.404
Exceptions to
Confidentiality
for Other
Circumstances
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 HIPAA contains additional
requirements including, but not limited to: use/disclosure to
avert a serious threat to health or safety, under 45 C.F.R. §
164.512(j)(1)(i) and (ii); use or disclosure for treatment or
payment, 45 C.F.R. § 164.502(a)(1)(ii) and § 164.506; and
de-identification under 45 C.F.R. § 164.514.
No
§ 201.405
Consent for
Release
Related/
Not Contrary
This law defines "chiropractic records," lists requirements for
effective consent to disclose, allows the person to withdraw
consent, and authorizes person who receives the confidential
chiropractic information to disclose it only to the extent that the
disclosure is consistent with purposes for which consent was
obtained.
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 HIPAA contains additional
requirements for authorizations under 45 C.F.R. § 164.508.
No
Title 3: Health Professions
Chapter 202: Podiatrists
§ 202.203
Complaint
Records
Related/
Not Contrary
This law requires the Texas State Board of Podiatric Medical
Examiners to maintain records of each complaint filed, and
requires the Board to notify the parties to a complaint of its
status.This law relates to privacy of IIHI to the extent that
complaints will contain IIHI related to patients.
No
This law is not contrary to HIPAA because the Board is not a
covered entity under HIPAA.
399