Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Administrative Code
Section
25 TAC § 96.402
Confidentiality
Statement
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Bloodborne
Pathogen Control)
Related/
Contrary
Related/Not
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 97.2
Who Shall Report
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
A
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b).
No
25 TAC § 97.6
Reporting and
Other Duties of
Local Health
Authorities and
Regional Directors
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
A
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b).
No
25 TAC § 97.8
General Control
Measures for
Notifiable
Conditions
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
A
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b).
No
25 TAC § 97.10
Confidential Nature
of Case Reporting
and Records
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
A
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b).
No
25 TAC § 97.11
Notification of
Emergency Medical
Service Employee,
Fire Fighter, or
Peace Officer of
Possible Exposure
to a Disease
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
A
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b).
No
38