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
§ 204.309
Protection of
Patient Identity
§ 205.152
Complaints
§ 205.2045
Appearance of
Applicant Before
Acupuncture
Board
Related/
Not Contrary
Related/
Not Contrary
Not Related
This law requires the physician assistant board to protect the
identity of any patient whose records are reviewed or used in a
public proceeding, unless the patient testifies or submits a
written release.
This law is not contrary to HIPAA because the physician
assistant board is not a covered entity.
Title 3: Health Professions
Chapter 205: Acupuncture
This law requires the acupuncture board to keep information
files on complaints received.
This law is not contrary to HIPAA because the board is not a
covered entity.
This law does not relate to privacy of IIHI.
No
No
No
This law incorporates the laws regarding medical peer review
committee activities from Chapter 160.
§ 205.304
Professional
Review Action
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)(1). 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.
408