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

Texas Business & Commerce Code
Section
Related/Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
15.13-15.40
Immunity from Criminal
Prosecution --
Authorities, Powers, and
Duties of the Attorney
General
Not Related
Does not affect privacy of PHI.
No
15.50
Criteria for Enforceability
of Covenenants Not To
Compete
Related/Not
Contrary
This law does not require the release of PHI
but establishes criteria for a valid covenant
not to compete.
No
15.51
Procedures and
Remedies in Actions to
Enforce Covenants Not
to Compete
Related/Not
Contrary
This law does not require the release of PHI
but establishes criteria for a valid covenant
not to compete.
No
15.52
Preemption of Other Law
Related/Not
Contrary
This law does not require the release of PHI
but establishes criteria for a valid covenant
not to compete.
No
Title 2: Competition and Trade Practices
Chapter 17: Deceptive Trade Practices
17.60
Reports and
Examinations
Related/Not
Contrary
It is highly questionable whether this
concerns PHI. To the extent the "person" is
a covered entity and to the extent the
statement obtained contains PHI, HIPAA
permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. '
164.512(a)(1).
No
17.61(e),(h)
Civil Investigative
Demand
Related/Not
Contrary
HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
No
Title 2: Competition and Trade Practices
Chapter 20: Regulation of Consumer Credit Reporting Agencies
69