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

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Texas Occupations Code Section § 266.201 Prescription Required § 266.202 Reliance on Prescription Chapter 267 Licensing of Faculty Members of Dental or Dental Hygiene Schools Related/ Contrary Related/ Not Contrary Related/ Not Contrary Not Related Explanation 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). 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 301: Nurses This law is not contrary to HIPAA because the Board of Nurse Examiners ("BNE") is not a covered entity. Preemption Exception Is State Law Preempted? No No No Recommendation § 301.161 Enforcement § 301.1606 Pilot Programs on Nurse Reporting Systems § 301.203 Records of Complaints Related/ Not Contrary Related/ Not Contrary Related/ Not Contrary 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). This law is not contrary to HIPAA because a covered entity could comply with this law and with the requirements under HIPAA. This law requires the BNE to keep records of complaints and notify parties of the status of investigations. This law is not contrary to HIPAA because the BNE is not a covered entity. No No No 420
Texas Occupations Code Section Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 301.204 General Rules Regarding Complaint Investigation and Disposition Related/ Not Contrary This law requires the BNE to make rules and follow certain guidelines for complaint investigations. This law is not contrary to HIPAA because the BNE is not a covered entity. No This law sets out grounds for reporting a nurse to the board. § 301.401 Grounds for Reporting Nurse 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. Covered entities should note HIPAA contains additional requirements for 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 This law requires reporting of nurses or nursing students for chemical dependency or "any situation" that puts patients at risk. § 301.402 Duty of Nurse to Report 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. Subsection (b) of this law makes the report "required by law" and HIPAA permits appropriately limited disclosure of PHI that is required by law, 45 C.F.R. § 164.512(a). Covered entities should note HIPAA contains additional requirements for 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 421
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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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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 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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Texas Government Code Section § 33
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Texas Government Code Section Relat
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Texas Health & Safety Code Section/
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