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
§ 202.404
Exceptions to
Privilege and
Confidentiality in
Certain
Proceedings
Related/
Not Contrary
This law allows use and disclosure of otherwise confidential
information as evidence in a judicial or administrative
proceeding if certain conditions are met, for disciplinary
investigation or proceedings, or criminal investigation or
proceedings against the podiatrist or where the patient is a
victim, witness, or defendant.
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 use or disclosure in a judicial or administrative
proceeding if responding to a court order or discovery request
with satisfactory assurances, etc., under 45 C.F.R. §
164.512(e), or pursuant to a valid authorization under 45 C.F.R.
§ 164.508.
No
Subsection (d) is not contrary because the Board is not a
covered entity.
This law allows use and disclosure of otherwise confidential
information in podiatric patient records.
§ 202.405
Other Exceptions
to Privilege and
Confidentiality
Requirements
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); health care operations under 45 C.F.R.
§ 164.506(c)(4) & (5); research requirements under 45 C.F.R.§
164.512(i); de-identification under 45 C.F.R. § 164.514; and use
or disclosure for treatment and payment, 45 C.F.R. §
164.502(a)(1)(ii) and § 164.506. (Also note subsection (a)(6)
may be more stringent than HIPAA regarding disclosures to
another provider for treatment purposes).
No
401