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
§ 564.102
Pharmacy Peer
Review
Committee
Related/
Not Contrary
This law sets up pharmacy peer review committees and
provides that they may review quality-related documentation.
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's requirements for
use and disclosure for health care operations at 45 C.F.R. §
164.506.
No
This law makes peer review records confidential and allows for
certain disclosures by the committees. This law is not contrary
to HIPAA because a covered entity can comply with this law
and with the requirements under HIPAA.
§ 564.103
Confidentiality
Related/
Not Contrary
Peer review activities under this law are consistent with the
HIPAA allowable use and disclosure for health care operations
at 45 C.F.R. § 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.
§ 564.104
Use of
Information in
Civil and
Criminal Actions
Related/
Not Contrary
This law and § 564.106 allow use of otherwise confidential
information as evidence in a civil proceeding by any
organization named as a defendant in any civil action filed as a
result of participation in peer review.
This law is not contrary to HIPAA because a covered entity can
comply with this law and with the requirements under HIPAA.
Covered entities should note HIPAA requirements for use or
disclosure in a judicial or administrative proceeding under 45
C.F.R. § 164.512(e).
No
445