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
20.02
Permissible Purposes;
Prohibition; Use of
Consumer's Social
Security Number
Related/Not
Contrary
No covered entity
No
20.05(c)
Reporting of Information
Prohibited
Related/Not
Contrary
No covered entity
No
Title 4: Miscellaneous Commercial Provisions
Chapter 35: Miscellaneous
35.50
Biometric Identifier
Not Related
A biometric identifier does not appear to be
"health information" as that term is defined by
45 C.F.R. § 160.103.
No
35.58
Confidentiality of Social
Security Number
Not Related
Although the purpose of the provision is to
protect the privacy of the information, a social
security number on an identification card or
other identification device does not appear to
be "health information" as that term is
defined by 45 C.F.R. § 160.103.
No
70