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

Texas Administrative Code
Section
40 TAC § 4.5
Regulations and
Statutes Governing
Confidentiality of
Protected Health
Information
Path
Part 1 (Department
of Aging and
Disability Services) -
Ch. 4 (Rights and
Protection of
Individuals
Receiving Mental
Retardation
Services) - Subch.
A
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation may affect the flow of information
from facilities; but on its face, the regulation is not
contrary.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 6.310
Consent to
Treatment by
Surrogate
Decision-Makers
40 TAC § 8.624
Rights of All Clients
Receiving Mental
Retardation
Services
Part 1 (Dept. of
Aging and Disability
Services) - Ch. 6
(ICF/MR Programs
– Contracting) -
Subch. G
Part 1 (Dept. of
Human Services) -
Ch. 8 (Client
Care--Mental
Retardation
Services) - Subch.
Y
Related/Not
Contrary
Related/Not
Contrary
No
No
40 TAC § 19.2006
Reporting Incidents
and Complaints
Part 1 (Dept. of
Human Services) -
Ch. 19 (Nursing
Facility
Requirements for
Licensure and
Medicaid
Certification) -
Subch.U
Related/Not
Contrary
Completed inspection reports are subject to the
Public Information Act. DHS ( and now DADS)
interprets applicable law to require release of federal
inspection reports with only certain information
removed. It has also interpreted state law to require
the release of state inspection reports with only
certain specified information removed, such as
names. See also 40 TAC 19.2010(a). Analysis
assumes facility address would not be removed.
No
57