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
§ 603.203
Records of
Complaints
§ 603.204
General Rules
Regarding
Complaint
Investigation and
Disposition
Related/
Not Contrary
Related/
Not Contrary
This law requires the Texas State Board of Examiners of
Perfusionists to keep complaints on file and to notify the parties
of the status of complaint investigations.
This law relates to privacy of IIHI to the extent complaints
contain IIHI. This law is not contrary to HIPAA because the
Board is not a covered entity.
This law requires the Board to make rules regarding handling of
complaints and notifying parties.
This law is not contrary to HIPAA because the Board is not a
covered entity.
This law allows the Board, upon approval by the commissioner,
to subpoena records for complaint investigation. It also makes
all complaint investigation materials confidential and makes
exceptions to confidentiality.
No
No
§ 603.2041
Subpoenas
§ 605.151
General Powers
of Board
Related/
Not Contrary
Related/
Not Contrary
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
disclosurefor health oversight activities, 45 C.F.R. § 164.512(d).
Also, compliance with the subpoena would be "required by law,"
and HIPAA permits appropriately limited disclosure of PHI that
is required by law, 45 C.F.R. § 164.512(a). As to confidentiality,
the Board is not a covered entity under HIPAA.
Title 3: Health Professions
Chapter 605: Orthotics and Prosthetists
This law allows the Texas Board of Orthotics and Prosthetics,
which is part of TDH, to conduct complaint investigations. This
law relates to privacy of IIHI to the extent that complaints
contain IIHI.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
No
449