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

Texas Administrative Code
Section
40 TAC § 19.2010
General Provisions
Path
Part 1 (Dept. of
Human Services) -
Ch. 19 (Nursing
Facility
Requirements for
Licensure and
Medicaid
Certification) -
Subch.U
Related/
Contrary
Related/Not
Contrary
Explanation
HIPAA permits disclosure of PHI as required by law.
45 C.F.R. § 164.512(a)(1).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 92.81
Inspections and
Surveys
Part 1 (Dept. of
Human Services) -
Ch. 92 (Licensing
Standards for
Assisted Living
Facilities) - Subch.
E
Related/Not
Contrary
No
40 TAC § 92.106
General Provisions
Part 1 (Dept. of
Human Services) -
Ch. 92 (Licensing
Standards for
Assisted Living
Facilities) - Subch.
F
Contrary
(92.106(a)
(2))
This section does not appear to be contrary ni the
first sense of the definition but there may be tension
that rises to the level of a conflict in the second
sense. Subsection (a)(2) of 92.106 makes
completed investigation reports open to the public
but requires them to be deidentified. If DHS
deidentifies the reports in accordance with HIPAA,
the reports may lose usefulness to the public.
No
40 TAC § 106.671
Confidentiality of
Personal
Information
Part 2 (Dept. of
Assistive and
Rehabilitative
Services) - Ch. 106
(Blind Services) -
Subch. C - Div. 8
Related/Not
Contrary
No covered entity and no disclosure of PHI is
contemplated.
No
40 TAC § 106.1433
Reports of
Suspected Neglect
or Abuse
Part 2 (Dept. of
Assistive and
Rehabilitative
Services) - Ch. 106
(Blind Services) -
Subch. I - Div. 2
Related/Not
Contrary
(1) No covered entity.
(2) HIPAA permits disclosure to a governmental
authority authorized to receive reports of child abuse
or neglect. 45 C.F.R. § 164.512(b)(1)(ii).
No
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