Preemption of State Law
- Does the HIPAA Privacy Rule preempt State laws?
- How do I know if a State law is "more stringent" than the HIPAA Privacy Rule?
- How does the HIPAA Privacy Rule reduce the potential for conflict with State laws?
- How do I know if a State law is "contrary" to the HIPAA Privacy Rule?
- My State law provides greater privacy protections on patients’ HIV information than the HIPAA Privacy Rule. Is this more protective State law preempted by the Privacy Rule?
- Will HHS make determinations as to whether a provision of State law is “more stringent” than or “contrary” to a provision of the HIPAA Privacy Rule?
- Will HHS publish exception determinations?
- My State law authorizes health care providers to report suspected child abuse to the State Department of Health and Social Services. Does the HIPAA Privacy Rule preempt this State law?
- Under what circumstances will HHS grant a State law preemption exception determination?
- Will a State law preemption exception determination apply only to the entity that requested the determination?