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
Title 28: Insurance
28 TAC § 3.1708
Required
Disclosure
Part 1 (Tex. Dept. of
Insurance) - Ch. 3
(Life, Accident, and
Health Insurance
and Annuities) -
Subch. R
Not Related
Life insurers are not subject to HIPAA.
No
28 TAC § 3.8002
Purpose and
General Provisions
28 TAC § 11.205
Documents To Be
Available during
Examinations
Part 1 (Tex. Dept. of
Insurance) - Ch. 3
(Life, Accident, and
Health Insurance
Annuities) - Subch.
HH
Part 1 (Tex. Dept. of
Insurance) - Ch. 11
(Health
Maintenance
Organizations) -
Subch. C
Related/Not
Contrary
Related/Not
Contrary
TDI is a health oversight agency and the use or
disclosure of this information to a health oversight
agency is not contrary to HIPAA.
(1) HIPAA permits certain disclosures for the
purpose of health care oversight. 45 C.F.R. §
164.512(d)(1).
(2) HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
(3) HIPAA permits disclosure for certain law
enforcement purposes. 45 C.F.R. § 164.512(f).
No
No
50