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

Texas Civil Practice & Remedies Code
§ 74.051
Notice
Section
Related/Contrary
Related as to (d) &
(e)/Not Contrary
Preemption
Explanation
Exception
Title 4: Liability in Tort
Chapter 74: Medical Liability
As to (d): HIPAA permits appropriately
limited disclosure of PHI that is
required by law. 45 C.F.R. §
164.512(a)(1).
As to (e):HIPAA permits disclosure
to a family member or representative.
45 C.F.R. § 164.502.
Is State Law
Preempted?
No
Recommendation
§ 74.052
Authorization Form
for Release of PHI
Related as to (a)/
Not Contrary
(1) HIPAA permits appropriately
limited disclosure of PHI that is
required by law. 45 C.F.R. §
164.512(a)(1).
(2) HIPAA permits disclosure of PHI
pursuant to a valid authorization. 45
C.F.R. § 164.502(a)(1)(iv).
No
§ 74.152
Unlicensed Medical
Personnel
Not Related
Codifies Good Samaritan defense
allowing unlicensed persons to render
emergency aid without civil liability
(unless willfully or wantonly negligent).
No
§ 81.003
Liability of Employer
§ 81.006
Duty to Report
§ 144.008
Disclosure of
Information Subject
to Order; Penalty
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Title 4: Liability in Tort
Chapter 81: Sexual Exploitation by Mental Health Services Provider
HIPAA permits appropriately limited
disclosure of PHI that is required by
No
law. 45 C.F.R. § 164.512(a)(1).
HIPAA permits appropriately limited
disclosure of PHI that is required by
law. 45 C.F.R. § 164.512(a)(1).
Title 6: Miscellaneous Provisions
Chapter 144: Destruction of Certain Records
HIPAA permits appropriately limited
disclosure of PHI that is required by
law. 45 C.F.R. § 164.512(a)(1).
No
No
75