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
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.
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