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

Texas Code of Criminal Procedure
Article
56.045
Presence of Advocate or
Representative During
Forensic Medical
Examination
56.385
Review of Health Care
Services
56.39
Mental or Physical
Examination; Autopsy
57.02
Confidentiality of Files
and Records
59.01
Definitions
63.015
Availability of Information
Through Other Agencies
63.017
Confidentiality of Certain
Records
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Explanation
(1) No covered entity.
(2) HIPAA permits disclosure to a family
member or representative. 45 C.F.R. §
164.502.
(3) Presence of advocate is only at the
request of the victim.
No covered entity
(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).
Preemption
Exception
Is State Law
Preempted?
Part 1: Code of Criminal Procedure of 1965
Chapter 57: Confidentiality of Identifying Information of Sex Offense Victims
Provides for use of pseudonym in place of
victim's name in all public files and records.
Part 1: Code of Criminal Procedure of 1965
Chapter 59: Forfeiture of Contraband
Discusses offenses committed under
Medicaid but does not affect PHI.
Part 1: Code of Criminal Procedure of 1965
Chapter 63: Missing Children and Missing Persons
HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
State law does not permit disclosure that
HIPAA prohibits.
No
No
No
No
No
No
No
Recommendation
80