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

Texas Administrative Code
Section
22 TAC § 871.14
Violations,
Complaints, and
Disciplinary Actions
Path
Part 40
(Department of
State Health
Services) - Ch. 871
(Advisory Board of
Athletic Trainers) -
Subch. A
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation outlines the complaint investigation
process and restates that the Advisory Board may
subpoena records. This regulation relates to privacy
of IIHI.
This regulation is not contrary to HIPAA because it
makes compliance with the subpoena "required by
law," allowable HIPAA use and disclosure under 45
C.F.R. § 164.512(a), and because a covered entity
could follow HIPAA's requirements for use and
disclosure for health oversight activities, 45 C.F.R. §
164.512(d)(1)(iii).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 339.4
Confidentiality and
Consent
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 339
(Toxicology) -
Subch. A
Related/Not
Contrary
This regulation is a confidentiality provision and is
consistent with HIPAA.
No
25 TAC § 404.154
Rights of All
Persons Receiving
Mental Health
Services
Part 1 (Tex. Dept. of
State Health
Services) - Ch.404
(Protection of
Clients and
Staff--Mental Health
Services) - Subch.
E
Related/Not
Contrary
No
47