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

Texas Rules of Evidence
Rule
Related/Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
510
Confidentiality of
Mental Health
Information in Civil
Cases
Related/Not Contrary
The Rule does not require a "professional" (a
covered entity) to disclose PHI. Nor does it
prescribe the circumstances under which a
"professional" may or must disclose PHI.
No
511
Waiver of Privilege
by Voluntary
Disclosure
Related/Not Contrary
The patient holds the privilege. Even if waived,
HIPAA still applies to the covered entity.
No
Article VI: Witnesses
612
Writing Used to
Refresh Memory
Related/Not Contrary
If a covered entity is testifying, the covered entity
can comply with both the Rule and HIPAA, as
HIPAA permits a covered entity to disclose PHI in
the course of a judicial or administrative proceeding
in response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
Article VII: Opinions and Expert Testimony
705
Disclosure of Facts
or Data Underlying
Expert Opinion
Related/Not Contrary
HIPAA permits a covered entity to disclose PHI in
the course of a judicial or administrative proceeding
in response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
Article VIII: Hearsay
803
Hearsay
Exceptions;
Availability of
Declarant
Immaterial
Related/Not Contrary
Court is not ordering disclosure of information, but
says what is admissible; requires have a court order
to disclose information.
No
464