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
§ 204.252
License Holder
Access to
Complaint
Information
Related/
Not Contrary
This law requires the physician assistant board to provide
access to the complaint information it intends to offer into
evidence.
This law is not contrary to HIPAA because the board is not a
covered entity.
No
§ 204.253
Health Care
Entity Request
for Information
Related/
Not Contrary
This law requires the physician assistant board to provide
health care entities with information regarding complaints
against licensees on request.
This law is not contrary to HIPAA because the board is not a
covered entity.
No
§ 204.254
Confidentiality of
Investigative
Information
Related/
Not Contrary
This law makes complaint investigation information about a
licensee confidential.
This law is not contrary to HIPAA because the board is not a
covered entity.
No
§ 204.255
Permitted
Disclosure of
Investigative
Information
Related/
Not Contrary
This law allows the board to disclose certain investigation
information.
This law is not contrary to HIPAA because the board is not a
covered entity.
No
This law gives subpoena power to the medical board for
investigating physician assistants.
§ 204.308
Subpoena
Related/
Not Contrary
This law relates to privacy of IIHI to the extent that the
subpoena seeks records containing IIHI.
This law is not contrary to HIPAA because HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a)(1); and for the purpose of health
oversight, 45 C.F.R. § 164.512(d)(1).
No
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