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

Texas Code of Criminal Procedure
Article
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Part 1: Code of Criminal Procedure of 1965
Chapter 46A: AIDS and HIV Testing in County and Municipal Jails
Recommendation
46A.01
Testing; Segregation;
Disclosure
Related/
Not Contrary
Only addresses information collection, not
disclosure, and the information must be
handled in accordance with HIPAA; as to
segregation under (c), this is an acceptable
use of PHI under 45 C.F.R. § 164.512(k)(5).
No
49.18
Death in Custody
Related/
Not Contrary
Part 1: Code of Criminal Procedure of 1965
Chapter 49: Inquests Upon Dead Bodies
(1) HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
(2) In Open Records Decision No. 681
(2004), the OAG determined that HIPAA will
not render records confidential when the
records would otherwise be public under the
Texas Public Information Act.
No
49.24
Notification and Report of
Death of Resident of
Institution
Related/
Not Contrary
(1) HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
(2) In Open Records Decision No. 681
(2004), the OAG determined that HIPAA will
not render records confidential when the
records would otherwise be public under the
Texas Public Information Act.
No
49.25
Medical Examiners
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
Part 1: Code of Criminal Procedure of 1965
Chapter 56: Rights of Crime Victims
No
79