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
§ 206.156
Health Care
Entity Request
for Information
Related/
Not Contrary
This law requires the BME to provide complaint information to
any health care entity that requests it.
This law is not contrary to HIPAA because BME is not a
covered entity.
No
§ 206.157
Confidentiality of
Investigative
Information
Related/
Not Contrary
This law makes complaints, adverse reports, investigation files,
and other reports in the possession of the BME privileged and
confidential, not subject to discovery, subpoena, or other means
of legal compulsion for release to any person other than the
medical board.
This law is not contrary because BME is not a covered entity
under HIPAA.
No
§ 206.158
Permitted
Disclosure of
Investigative
Information
Related/
Not Contrary
This law creates exceptions to confidential
investigative/disciplinary information in the possession of the
BME for various entities for peer review, law enforcement, etc.
This law is not contrary to HIPAA because BME is not a
covered entity.
No
410