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

Cases & Common Law Principles
Case Name
Relevance
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
Moore v. Charles
B. Pierce Film
Enters., Inc.
589 S.W.2d 489
(Tex. Civ. App. -
Texarkana 1979);
Cox Texas
Newspapers v.
Wooten
59 S.W.3d 717 (Tex.
App. - Austin 2001,
pet. denied)
Common Law Principle:
The right of privacy is purely
personal and terminates
upon the death of the
person whose privacy is
invaded.
Related/
Contrary
Under this common law principle,
disclosures of IIHI about a deceased
person are not considered an invasion
of the deceased person's privacy.
However, deceased persons are
entitled to the privacy protections of
HIPAA. 45 C.F.R. § 164.502(f).
In the very limited circumstances
where no state statute provides for the
confidentiality of the information, this
rule of Texas common law stands as
an obstacle to the full purposes and
objectives of HIPAA.
None
Yes
Please note the
substantial difference
between Texas
common law and
HIPAA on this point.
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