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 allows communications made to a podiatric peer
review committee and the records and proceedings of a peer
review committee to be disclosed to: (1) Another podiatric peer
review committee; (2) An appropriate state or federal agency;
(3) National accreditation body; or (4) Board or the state board
of registration or licensing of podiatrists in another state.
§ 202.452
Disclosure of
Communications
Made to Peer
Review
Committee
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity can
comply with this law and with the requirements under HIPAA.
Peer review activities under this law are consistent with the
HIPAA allowable use and disclosure for health oversight
activities under 45 C.F.R. § 164.512(d), and use and disclosure
for health care operations at 45 C.F.R. § 164.506.
No
Confidentiality under this law does not prevent a covered entity
from disclosing a Designated Record Set to which an individual
has a right of access under HIPAA at 45 C.F.R. § 164.524.
See 45 C.F.R. § 164.501 (defining "Designated Record Set");
see also 65 Fed. Reg. 82,554 for relevant comments.
§ 202.453
Information
Provided to
Affected
Podiatrist
Not Related
This law requires notice to a podiatrist who is the subject of
peer review action. This law does not relate to privacy of IIHI.
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