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

Texas Administrative Code
Section
Path
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
25 TAC § 98.111
Confidentiality
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 98
(Texas HIV
Medication
Program) - Subch.
C - Division 1
Related/Not
Contrary
No
25 TAC § 99.1
General Provisions
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 99
(Occupational
Diseases)
Related/Not
Contrary
Covered entities, including local health authorities,
are permitted to use or disclose PHI for certain
public health activities. 45 C.F.R. § 164.512(b).
No
25 TAC § 100.2
Confidentiality
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 100
(Immunization
Registry)
Related/Not
Contrary
No
25 TAC § 100.5
Receipt and
Release of Registry
Data
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 100
(Immunization
Registry)
Related/Not
Contrary
No
25 TAC § 100.6
Reporting to the
Registry
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 100
(Immunization
Registry)
Related/Not
Contrary
No
25 TAC § 100.7
Official
Immunization
Record
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 100
(Immunization
Registry)
Related/Not
Contrary
No
25 TAC § 103.1-.9
Purpose –
Technical Advisory
Commission on
Injury Reporting
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
N/A
Note: sections were promulgated to be effective
through Dec. 31, 2001. The effective date has
lapsed but the provisions have apparently not been
repealed.
No
41