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

More documents

Recommendations

Info

Texas Occupations Code Section Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 258.107 Exception to Privilege for Certain Legislative Inquiries Related/ Not Contrary This law allows a state hospital or school to disclose dental records when requested by legislature. This law is not contrary to HIPAA because a covered entity could comply with this law and with the requirements under HIPAA. Covered entities should note HIPAA contains additional requirements for:-health oversight activities, 45 C.F.R. § 164.512(d);-public health activities under § 164.512(b). No § 258.108 Limit on Disclosure Related/ Not Contrary This law states "a person who receives privileged information may disclose the information to another person only to the extent consistent with the purpose for which the information was obtained." This law is not contrary to HIPAA because a covered entity could comply with this law and with the requirements under HIPAA. No § 258.109 Request for Dental Record: Timing; Exception Chapter 260 Operation of Certain Dental Practices § 261.001 Definitions Related/ Not Contrary Not Related Not Related This law sets out requirements for disclosure of dental records. This law is not contrary to HIPAA because a covered entity could comply with this law and with the requirements under HIPAA. Covered entities should note HIPAA contains additional requirements under 45 C.F.R. § 164.524 for refusal to disclose. Also note subsection (b) regarding court findings may be more stringent than HIPAA. Title 3: Health Professions Chapter 261: Confidentiality and Immunity of Dental Peer Review Committee Definitions. This law does not relate to privacy of IIHI. No No No 416
Texas Occupations Code Section Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation This law makes dental peer review committee's proceedings and records confidential. § 261.051 Confidentiality of Proceedings Related/ Not Contrary This law is not contrary to HIPAA because a covered entity could comply with this law and with the requirements under HIPAA. Peer review activities under this law are consistent with the HIPAA allowable use and disclosure for health oversight activities under 45 C.F.R. § 164.512(d), and use and disclosure for health care operations at § 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 definition of "Designated Record Set" at § 164.501. See also comments at 65 Fed. Reg. 82554. This law states a dental peer review committee may disclose confidential information to (1) another dental peer review committee; (2) an appropriate state or federal agency; (3) a national accreditation body; or (4) the registration or licensing entity in any state. § 261.052 Disclosure of Information Related/ Not Contrary This law is not contrary to HIPAA because a covered entity could comply with this law and with the requirements under HIPAA. Peer review activities under this law are consistent with the HIPAA allowable use and disclosure for health oversight activities under 45 C.F.R. § 164.512(d), and use and disclosure for health care operations at § 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 § 164.524. See definition of "Designated Record Set" at § 164.501. See also comments at 65 Fed. Reg. 82554. 417
Page 1 and 2:
REPORT OF THE OFFICE OF THE ATTORNE
Page 3 and 4:
TABLE OF CONTENTS Preface 1 HIPAA a
Page 5 and 6:
ules, policies, and procedures. She
Page 7 and 8:
health care privacy and has given n
Page 9 and 10:
eviewed their assigned codes to loo
Page 11 and 12:
HIPAA STATE LAW RESULT Requires a u
Page 13 and 14:
HIPAA, the Task Force generally not
Page 15 and 16:
HIPAA 45 C.F.R. § 164.508(c)(1) de
Page 17 and 18:
65 Fed. Reg. at 82744. OCR also ind
Page 19 and 20:
elatively straightforward. In other
Page 21 and 22:
Public Information Act because the
Page 23 and 24:
Elderly or Disabled Persons; Confid
Page 25 and 26:
Texas Administrative Code Section 1
Page 27 and 28:
Page 29 and 30:
Texas Administrative Code Section P
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Texas Business & Commerce Code 15.0
Page 73 and 74:
Texas Business & Commerce Code Sect
Page 75 and 76:
Cases & Common Law Principles Case
Page 77 and 78:
Cases & Common Law Principles Case
Page 79 and 80:
Texas Civil Practice & Remedies Cod
Page 81 and 82:
Texas Code of Criminal Procedure Ar
Page 83 and 84:
Texas Code of Criminal Procedure Ar
Page 85 and 86:
Texas Family Code Section § 5.002
Page 87 and 88:
Texas Family Code Section Related/
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Texas Government Code Section § 33
Page 121 and 122:
Texas Government Code Section Relat
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Texas Health & Safety Code Section/
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Page 317 and 318:
Page 319 and 320:
Page 321 and 322:
Texas Human Resources Code Section
Page 323 and 324:
Page 325 and 326:
Page 327 and 328:
Page 329 and 330:
Page 331 and 332:
Page 333 and 334:
Page 335 and 336:
Page 337 and 338:
Page 339 and 340:
Texas Insurance Code Section/Articl
Page 341 and 342:
Page 343 and 344:
Page 345 and 346:
Page 347 and 348:
Page 349 and 350:
Page 351 and 352:
Texas Labor Code Section Chapter 1
Page 353 and 354:
Texas Labor Code Section Related/ C
Page 355 and 356:
Page 357 and 358:
Page 359 and 360:
Page 361 and 362:
Page 363 and 364:
Page 365 and 366:
Page 367 and 368: Texas Labor Code Chapter/ Section R
Page 373 and 374: Texas Labor Code Chapter/ Section C
Page 375 and 376: Texas Labor Code Chapter/ Section C
Page 377 and 378: Texas Labor Code Chapter/ Section
Page 379 and 380: Texas Labor Code Chapter/ Section
Page 383 and 384: Texas Occupations Code Section § 5
Page 385 and 386: Texas Occupations Code Section Rela
Page 417: Texas Occupations Code Section Rela
Page 449 and 450: Texas Occupations Code Section Chap
Page 463 and 464: Texas Rules of Appellate Procedure
Page 465 and 466: Texas Rules of Evidence Rule Relate
Page 467: Texas Transportation Code Section R
show all

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

Create successful ePaper yourself

Delete template?

Save as template?