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

Texas Administrative Code
Section
Path
Related/
Contrary
Explanation
disclosure of this information to a health oversight
agency is not contrary to HIPAA.
Preemption
Exception
Is State Law
Preempted?
Recommendation
28 TAC § 21.3305
Complaints
28 TAC §
22.51-22.67
Purpose and Scope
- Effective Date
Part 1 (Tex. Dept. of
Insurance) - Ch. 21
(Trade Practices) -
Subch. Y
Part 1 (Tex. Dept. of
Insurance) - Ch. 22
(Privacy) - Subch. B
Not Related
Not Related
(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
These rules apply only to non-covered entities
licensed by TDI. See 28 TAC § 22.61.
No
No
28 TAC § 26.201
The Texas Health
Reinsurance
System Plan of
Operation
28 TAC § 33.501
Books and Records
28 TAC § 33.503
Investigations and
Examinations by
the Department
Part 1 (Tex. Dept. of
Insurance) - Ch. 26
(Small Employer
Health Insurance
Regulations) -
Subch. B
Part 1 (Tex. Dept. of
Insurance) - Ch. 28
(Continuing Care
Retirement
Facilities) - Subch.
F
Part 1 (Tex. Dept. of
Insurance) - Ch. 28
(Continuing Care
Retirement
Facilities) - Subch.
F
Not Related
Related/Not
Contrary
Related/Not
Contrary
No
No
No
Title 37: Public
Safety and
Corrections
55