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

Texas Occupations Code
Section
§ 402.154
Complaint
Investigation;
Subpoena
§ 402.501
Grounds for
License Denial
and Disciplinary
Action
§ 451.101
General Powers
and Duties
§ 451.109
Complaints
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Explanation
This law allows the Committee to request the TDH
Commissioner to issue subpoenas for complaint investigation
purposes. It also makes all complaint investigation materials
confidential and makes exceptions to that confidentiality.
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 it is a health oversight
activity under 45 C.F.R. § 164.512(d). As to subsection (h) of
this law regarding confidentiality, the committee is not a covered
entity.
This law sets out grounds for denial of license and disciplinary
action. Grounds include (10) addiction and (14) physical illness
causing impairment.
This law is not contrary to HIPAA because the committee is not
a covered entity.
Title 3: Health Professions
Chapter 451: Athletic Trainers
The law sets out general powers and duties of the Advisory
Board of Athletic Trainers. This law does not relate to privacy of
IIHI.
This law requires the Advisory Board 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 an individual's physical
condition.
Preemption
Exception
Is State Law
Preempted?
No
No
No
No
Recommendation
This law is not contrary to HIPAA because the Advisory Board is
not a covered entity.
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