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

Texas Administrative Code
Section
Path
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
25 TAC § 417.508
Responsibilities of
the Head of the
Facility
Part 2 (Tex. Dept. of
Mental Health and
Mental Retardation)
- Ch. 417 (Agency
and Facility
Responsibilities) -
Subch. K
Related/Not
Contrary
(1) HIPAA permits disclosure to a family member or
representative. 45 C.F.R. § 164.502.
(2) HIPAA permits disclosure to individuals involved
in a person's care. 45 C.F.R. § 164.510(b)(1).
No
25 TAC § 417.509
Peer Review
Part 2 (Tex. Dept. of
Mental Health and
Mental Retardation)
- Ch. 417 (Agency
and Facility
Responsibilities) -
Subch. K
Related/Not
Contrary
HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
No
25 TAC § 417.511
Confidentiality of
Investigative
Process and
Report
25 TAC § 421.02
Collection of
Hospital Discharge
Data
Part 2 (Tex. Dept. of
Mental Health and
Mental Retardation)
- Ch. 417 (Agency
and Facility
Responsibilities) -
Subch. K
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 421
(Health Care
Information Council)
- Subch. A
Related/Not
Contrary
Related/Not
Contrary
(1) HIPAA permits disclosure to a family member or
representative. 45 C.F.R. § 164.502.
(2) HIPAA permits disclosure to individuals involved
in a person's care. 45 C.F.R. § 164.510(b)(1).
This regulation is not contrary to HIPAA because:
1) Covered entities are required by law to disclose to
the Council;
2) Council may use or disclose information in
accordance with state law because it is not a
covered entity under HIPAA;
3) Even if the department or the council were
covered entities, the disclosures would be authorize
because HIPAA permits disclosure of PHI for certain
public health purposes. 45 C.F.R. ' 164.512(b).
No
49