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

Texas Civil Statutes
Section/
Article
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
Repealed
Art. 135b-6, 4D(b)
Structural Pest
Control Act; Records
of injuries and
damages from
misapplication;
dissemination of
information
Repealed
Art. 135b-6 8C
Subpoenas
Repealed
Art. 4590i,
4.01(d)
Notice
Repealed
Art. 4590i, 6.01, et
seq., Subchapter F
Informed Consent
Art. 6243e
Texas Local Fire
Fighters Retirement
Act;14(b)
Disability Retirement
Art. 6243e
Texas Local Fire
Fighters Retirement
Act; 32(a)
Confidentiality of
information about
members, retitrees,
annuitants, or
beneficiaries
Related/
Not Contrary
Related/
Not Contrary
Related
Not Related
Not Related
Related/
Not Contrary
HIPAA permits certain disclosures for the purpose
of health care oversight. 45 C.F.R. § 164.512(d)(1).
(Currently in Occupations Code).
HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. §
164.512(a)(1). (Currently in Occupations Code).
(See Civil Practice & Remedies Code, Chapter 74).
This statute relates to risks and hazards of specific
medical procedures that require informed consent.
It does not relate to PHI. (See Civil Practice &
Remedies Code, Chapter 74).
The disclosure of health information is by the
member, not a covered entity.
Sec. 32 (a)(1)(A) and (B) are not contrary because
45 C.F.R. § 164.502(a)(1) authorizes release to the
individual.
Sec. 32(a)(1)(C) permits disclosure to a spouse or
former spouse and could be contrary to HIPAA
unless such disclosure is pursuant to and in
compliance with 45 C.F.R. § 164.502(a)(1)(iv). See
Report "Recurring Issues-Written Authorizations"
No
No
No
No
No
No
77