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

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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. 418
Texas Occupations Code Section Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 261.055 Compliance with Board Subpoenas Chapter 262 Regulation of Dental Hygienists Related/ Not Contrary Not Related This law requires compliance with a subpoena issued by the board. Not contrary to HIPAA because this law makes compliance with the subpoena "required by law," and HIPAA permits appropriately limited disclosure of PHI that is required by law, 45 C.F.R. § 164.512(a). See also health oversight activity exception, 45 C.F.R. § 164.512(d). Title 3: Health Professions Chapter 263: License Denial and Disciplinary Procedures This law states the board may request and subpoena books, accounts, records, documents, and other evidence relevant to the investigation of an alleged dentistry violation. No No § 263.008 Subpoena Chapter 264 Penalties and Enforcement Provisions Chapter 265 Regulation of Dental Assistants Related/ Not Contrary Not Related Not Related This law is not contrary to HIPAA because it makes compliance with the subpoena "required by law," and HIPAA permits appropriately limited disclosure of PHI that is required by law, 45 C.F.R. § 164.512(a). See also health oversight activity exception, 45 C.F.R. § 164.512(d). Title 3: Health Professions Chapter 266: Regulation of Dental Laboratories No No No 419
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REPORT OF THE OFFICE OF THE ATTORNE
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TABLE OF CONTENTS Preface 1 HIPAA a
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ules, policies, and procedures. She
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health care privacy and has given n
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eviewed their assigned codes to loo
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HIPAA STATE LAW RESULT Requires a u
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HIPAA, the Task Force generally not
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HIPAA 45 C.F.R. § 164.508(c)(1) de
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65 Fed. Reg. at 82744. OCR also ind
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elatively straightforward. In other
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Public Information Act because the
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Elderly or Disabled Persons; Confid
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Texas Administrative Code Section 1
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Texas Administrative Code Section P
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Texas Business & Commerce Code 15.0
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Texas Business & Commerce Code Sect
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Cases & Common Law Principles Case
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Texas Civil Practice & Remedies Cod
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Texas Code of Criminal Procedure Ar
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Texas Family Code Section § 5.002
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Texas Family Code Section Related/
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Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

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