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 Subsection (b) of this law requires nurses who do not carry liability insurance or are insured by a non-admitted carrier to report to the BNE regarding certain claims filed against them related to nursing care. § 301.408 Duty of Liability Insurer 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. The report is "required by law" and HIPAA permits appropriately limited disclosure of PHI that is required by law, 45 C.F.R. § 164.512(a). No 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. This law requires the state's attorney to report to BNE regarding a conviction of a nurse, a finding of fraud or abuse by a nurse, or an adjudication that a nurse is mentally ill or mentally incompetent. § 301.409 Duty of Prosecuting Attorney to Report Related/ Not Contrary This law is not contrary to HIPAA because a covered entity, or an attorney acting under a duty to their covered-entity client, could comply with this law and with the requirements under HIPAA. The report is "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 424
Texas Occupations Code Section Related/ Contrary Explanation Preemption Exception Is State Law Preempted? Recommendation § 301.410 Report Regarding Impairment by Chemical Dependency or Mental Illness § 301.411 Effect of Failure to Report Related/ Not Contrary Not Related This law allows a nurse to report to a peer assistance program instead of reporting to BNE or nursing peer review committee regarding a fellow nurse suspected of chemical dependency or mental illness. 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. This law is not related to privacy of IIHI. No No § 301.414 Notice and Review of Report Related/ Not Contrary This law requires the board to notify a nurse about whom a report/complaint under this chapter is filed and allow them or their representative to review the report, unless it would jeopardize an investigation. This law is not contrary to HIPAA because the Board is not a covered entity. No 425
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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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Texas Human Resources Code Section
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Texas Insurance Code Section/Articl
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Texas Labor Code Section Chapter 1
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Texas Labor Code Section Related/ C
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Texas Labor Code Chapter/ Section R
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Texas Labor Code Chapter/ Section C
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