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
§ 301.465
Subpoenas;
Request for
Information
§ 301.466
Confidentiality
§ 301.606
Inspections
Chapter 302
§ 303.004
Peer Review by
Two Entities
Related/
Not Contrary
Related/
Not Contrary
Not Related
Repealed
Not Related
This law gives the BNE subpoena power, and requires the BNE
to protect patient identity.
This law is not contrary to HIPAA because response to the BNE
subpoena is "required by law," and HIPAA permits appropriately
limited disclosure of PHI that is required by law, 45 C.F.R. §
164.512(a). Also, the BNE is not a covered entity under HIPAA.
This law makes nurse complaints confidential, and creates
exceptions to that confidentiality.
This law is not contrary to HIPAA because BNE is not a covered
entity.
This law is not related to privacy of IIHI.
N/A
Title 3: Health Professions
Chapter 303: Nursing Peer Review
This law is not related to privacy of IIHI.
No
No
No
No
No
This law makes communications with and proceedings of
nursing peer review committees confidential.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
§ 303.006
Confidentiality of
Peer Review
Proceedings
Related/
Not Contrary
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
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.
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