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

Texas Occupations Code
Section
Chapter 568
Pharmacy
Technicians
Related/
Contrary
Not Related
Explanation
Preemption
Exception
Title 3: Health Professions
Chapter 569: Reporting Requirements for Professional Liability Insurers
Subsection (c) of this law requires pharmacists who do not
carry liability insurance or are insured by a non-admitted carrier
to report to the Board regarding certain claims filed against
them related to pharmaceutical care or services.
Is State Law
Preempted?
No
Recommendation
§ 569.001
Duty to Report
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA. The report is "required by law," and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a). Covered entities should note HIPAA
contains additional requirements for use and disclosure for
health oversight activities under § 164.512(d), and use and
disclosure for health care operations at § 164.506.
This law sets out the types of information that must be
submitted to the Board under § 569.001.
No
This law relates to privacy of IIHI to the extent that claims and
complaints contain IIHI of pharmacy patients.
§ 569.002
Information to be
Reported
§ 569.003
Immunity from
Liability
Related/
Not Contrary
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA. The report is "required by law," and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a). Covered entities should note HIPAA
contains additional requirements for use and disclosure for
health oversight activities under § 164.512(d), and use and
disclosure for health care operations at § 164.506.
This law gives immunity from liability to the insurers that are
required to report to the Board under this Subchapter.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
No
No
447