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 requires a medical peer review committee to provide
information to the Texas State Board of Physician Assistants
Examiners (Physician Assistant Board) regarding acts of
providers that pose a threat to public welfare. This law also
incorporates the confidentiality provisions for peer review from
Chapter 160.
§ 204.208
Duty to Report;
Medical Peer
Review
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 allowable because
HIPAA permits certain disclosures for the purpose of health
oversight. 45 C.F.R. § 164.512(d). HIPAA permits the use and
disclosure of IIHI in the course of certain treatment, payment,
and health care operations. 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.
§ 204.251
Complaint
Information and
Status
Related/
Not Contrary
This law requires the physician assistant board to maintain
complaint information files.
This law is not contrary to HIPAA because the board is not a
covered entity.
No
406