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

Texas Business & Commerce Code
15.01
Title of Act
Section
15.02
Applicability of
Provisions
15.03
Definitions
15.04
Purpose and
Construction
15.05
Unlawful Practices
Related/Contrary
Not Related
Not Related
Not Related
Not Related
Not Related
Explanation
Preemption
Exception
Is State Law
Preempted?
Title 2: Competition and Trade Practices
Chapter 15: Monopolies, Trusts, and Conspiracies in Restraint of Trade
Simply names the act; no purpose to protect
or affect privacy of PHI.
No purpose to protect or affect privacy of
PHI.
Does not affect privacy of PHI.
Does not affect privacy of PHI.
Does not affect privacy of PHI.
No
No
No
No
No
Recommendation
15.10(g)
Civil Investigative
Demands
Related/Not
Contrary
HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
No
15.11
Party to Suit May
Subpoena Witness
Related/Not
Contrary
Allows parties to a suit brought under
Chapter 15 to subpoena a witness and it is
possible that a witness is a covered entity
who testifies about PHI.
HIPAA permits a covered entity to disclose
PHI in response to court orders, warrants,
subpoenas, or summonses. 45 C.F.R. §
164.512(f)(1)(i)(A).
No
15.12
Additional Procedures
Related/Not
Contrary
HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
No
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