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

Texas Administrative Code
Section
25 TAC § 123.12
Professional and
Ethical Standards
Path
Part 1 (Department
of State Health
Services) - Ch. 123
(Respiratory Care
Practitioner
Certification)
Related/
Contrary
Related/Not
Contrary
Explanation
Subsection (2)(F) of this regulation states the
practitioner may not violate laws regarding patient
confidentiality. This regulation relates to privacy of
IIHI.
This regulation is not contrary to HIPAA because it
does not impede the effectiveness or objectives of
HIPAA in any way.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 125.34
Resident Records
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 125
(Special Care
Facilities) - Subch.
C
Related/Not
Contrary
No
25 TAC § 133.45
Miscellaneous
Policies and
Protocols
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 133
(Hosp. Licensing) -
Subch. C
Related/Not
Contrary
HIPAA permits certain disclosures about victims of
abuse, neglect, or domestic violence to a
government authority authorized to receive such
reports but may impose requirements in addition to
those of state law. 45 C.F.R. § 164.512(c).
No
25 TAC § 133.47
Abuse and Neglect
Issues
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 133
(Hosp. Licensing) -
Subch. C
Related/Not
Contrary
HIPAA permits disclosure to a governmental
authority authorized to receive reports of child abuse
or neglect (45 C.F.R. § 164.512(b)(1)(ii)) and reports
about the abuse/neglect of an elderly or disabled
person (45 C.F.R. § 164.512(c)(1)).
No
25 TAC § 133.101
Inspection and
Investigation
Procedures
25 TAC § 134.46
Abuse and Neglect
Issues
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 133
(Hosp. Licensing) -
Subch. F
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 134
(Private Psychiatric
Hosp. and Crisis
Stabilization Units) -
Subch. C
Related/Not
Contrary
Related/Not
Contrary
HIPAA permits certain disclosures about victims of
abuse, neglect, or domestic violence to a
government authority authorized to receive such
reports but may impose requirements in addition to
those of state law. 45 C.F.R. § 164.512(c).
HIPAA permits disclosure to a governmental
authority authorized to receive reports of child abuse
or neglect (45 C.F.R. § 164.512(b)(1)(ii)) and reports
about the abuse/neglect of an elderly or disabled
person (45 C.F.R. § 164.512(c)(1)).
No
No
44