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

Texas Administrative Code
Section
25 TAC § 157.4
Audits
25 TAC § 157.11
Requirements for
an EMS Provider
License
25 TAC § 157.25
Out-of-Hospital Do
Not Resuscitate
(DNR) Order
25 TAC § 181.9
Access to Paternity
Files
25 TAC § 181.10
Availability of Birth
Records to Ensure
Confidentiality of
Adoption
Placement
25 TAC § 181.11
Requests for
Personal Data
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 157
(Emergency
Medical Care) -
Subch. A
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 157
(Emergency
Medical Care) -
Subch. B
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 157
(Emergency
Medical Care) -
Subch. B
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 181
(Vital Statistics) -
Subch. A
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 181
(Vital Statistics) -
Subch. A
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 181
(Vital Statistics) -
Subch. A
Related/
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Explanation
HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
Provisions, in particular subsection (l)(6), are
consistent with HIPAA.
None of the provisions of this or other vital statistics
chapters is contrary. The Department is not a
covered entity. Furthermore, any uses or disclosures
required of covered entities who provide information
to the Department would come within the permitted
disclosures for public health activities, 45 C.F.R. '
164.512(b).
None of the provisions of this or other vital statistics
chapters is contrary. The Department is not a
covered entity. Furthermore, any uses or disclosures
required of covered entities who provide information
to the Department would come within the permitted
disclosures for public health activities, 45 C.F.R. '
164.512(b).
Preemption
Exception
Is State Law
Preempted?
No
No
No
No
No
No
Recommendation
45