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

Texas Administrative Code
Section
25 TAC § 103.12
List of Reportable
Injuries and
Conditions
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
Related/
Contrary
Related/Not
Contrary
Explanation
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b) and as required by law, 45 C.F.R. '
164.512(a).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 103.14
Reporting
Requirements for
Hospitals
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b) and as required by law, 45 C.F.R. '
164.512(a).
No
25 TAC § 103.15
Reporting
Requirements for
Physicians, Medical
Examiners, and
Justices of the
Peace
25 TAC § 103.16
Reporting
Requirements for
Pre-hospital
Providers
25 TAC § 103.17
Reporting
Requirements for
Rehabilitation
Facilities
25 TAC § 103.18
Reporting by Paper
Form
25 TAC § 103.19
Electronic
Reporting
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
Part 1 (Tex. Dept. of
State Health
Services) - Ch.103
(Injury Prevention
and Control)
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b) and as required by law, 45 C.F.R. '
164.512(a).
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b) and as required by law, 45 C.F.R. '
164.512(a).
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b) and as required by law, 45 C.F.R. '
164.512(a).
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b) and as required by law, 45 C.F.R. '
164.512(a).
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b) and as required by law, 45 C.F.R. '
164.512(a).
No
No
No
No
No
42