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

Texas Family Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 58.0071
Destruction of
Certain Physical
Records and Files
Related/Contrary
HIPAA does not set a blanket document
retention requirement for all PHI.
However, 45 C.F.R. ' 160.522
provides a six year statute of limitations
for non-compliance actions against
covered entities.
Also, 45 C.F.R. ' 164.528(d) gives an
individual the right to an accounting of
PHI disclosures made by a covered
entity during the previous six years.
This statute stands as an obstacle to the
accomplishment and execution of the
full purposes of HIPAA in that it allows a
covered entity to destroy PHI that could
be relevant to an OCR investigation
prior to the end of the six year statute of
limitations for an OCR investigation.
None
Yes
Amend subsection (f) as follows:
This section does not affect the
destruction of physical records and
files authorized by the Texas State
Library Records Retention
schedule or protected health
information maintained by a
covered entity, as that term is
defined by the Health Insurance
Portability and Accountability Act of
1996 (HIPAA).
§ 58.101
Definitions
Not Related
Sets out definitions for the Juvenile
Justice Information System, none of
which pertain to IIHI.
No
§ 58.102
Juvenile Justice
Information System
Not Related
Details the responsibility of Dept. of
Public Safety (DPS) in maintaining the
Juvenile Justice Information System
(JJIS).
No
§ 58.103
Purpose of System
Not Related
States the purpose of the JJIS.
No
§ 58.104
Types of
Information
Collected
Related/
Not Contrary
This is a definitional section and does
not address any disclosure by a covered
entity.
No
93