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 states that disclosure to the affected dentist of
confidential peer review committee information pertinent to the
matter under review does not waive confidentiality.
§ 261.053
Disclosure to
Affected Dentist
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.
This law relates to evidentiary inadmissibility and privilege in
administrative or civil action of confidential information in the
possession of a dental peer review committee member.
§ 261.054
Committees
Evidentiary
Privilege
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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