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
Section (b) relates to release of confidential
information to individual or third parties.
Some elements required by section (b) of the rule
for the authorization are as stringent as HIPAA,
some are not. See Report, "Recurring Issues -
Written Authorizations."
28 TAC § 19.1714
Confidentiality
Part 1 (Tex. Dept. of
Insurance) - Ch. 19
(Agents' Licensing)
- Subch. R
Related/Not
Contrary
Section (c) relates to release of confidential
information for health care operations. HIPAA
permits the use and disclosure of IIHI in the course
of certain treatment, payment, and health care
operations. 45 C.F.R. § 164.506.
Section (d) relates to responding to a request by the
individual for information.
Section (g) states records should be destroyed
when the agent determines the information is no
longer needed and section (m) provides that records
should be maintained for at least two years if the
information relates to a case for which an adverse
decision was made at any point or if the information
relates to a case which may be reopened. See text
of Report "Recurring Issues-Records Retention."
No
52