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
§ 401.253
General Rules
Regarding
Complaint
Investigation and
Disposition
Not Related
This law requires the Board to create rules for complaint
investigations. This law does not relate to privacy of IHI.
This law allows the Board to subpoena records for a complaint
investigation. It also makes all complaint investigation materials
confidential and makes exceptions to that confidentiality.
No
§ 401.2535
Complaint
Investigation;
Subpoena
§ 402.153
Records of
Complaints
Related/
Not Contrary
Related/
Not Contrary
This law is 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), and see health oversight activity
exception under 45 C.F.R. § 164.512(d). As to subsection (h)
of this law regarding confidentiality, the board is not a covered
entity.
Title 3: Health Professions
Chapter 402: Hearing Instrument Fitters and Dispensers
This law requires the State Committee of Examiners in the
Fitting and Dispensing of Hearing Instruments ("Committee") to
keep complaints on file and to notify the parties to the complaint
of the status of the complaint unless the notice would jeopardize
an undercover investigation.
This law relates to privacy of IIHI to the extent that complaints
contain IIHI about the patient's physical or mental condition.This
law is not contrary to HIPAA because the Committee is not a
covered entity.
No
No
432