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State privacy laws can supersede HIPAA when they provide greater protection for individuals' health information. For instance, if a state law grants patients more rights regarding their medical records or imposes stricter requirements on the disclosure of health information, that law takes precedence over HIPAA. Additionally, certain states may have specific laws related to mental health or substance abuse records that exceed HIPAA's protections. However, if a state law is less stringent than HIPAA, HIPAA's provisions apply.

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4mo ago

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Related Questions

What law should you follow if a state law and HIPAA federal law disagree?

If the state laws conflict, you must follow either the law that offers the greater privacy protection or that which offers more patient rights.


If HIPAA rules are stricter than state law which standard should you follow and why What if the state law was stricter?

HIPAA, Terms of the HIPAA privacy rule do not per se preempt the laws, rules, or regulations of various states, except where the laws, rules, or regulations are contrary to the HIPAA privacy rule. Therefore, the HIPAA privacy rule provides a floor of protection. Where the state laws are more stringent than a standard requirement or implementation specification of the HIPAA privacy rule, the health-care provider must comply with both the federal and state provisions.


Does HIPAA law override moststate laws that define and regulate patient privacy?

I want to know how to sue united States government and technology conglomerates for exposure to my medical records . Hiippa laws are only for Dr. Violating the law n not Congress or technology companies n conglomerates?


What supremacy clause of the constitution allows?

Federal law to supersede state law.


What law made extensive changes to the HIPAA Privacy Rule?

HIPPA is the law that created the extensive changes.


Health insurance claims are not covered by HIPPA law?

The HIPAA Privacy Rule establishes a foundation of Federal protection for personal ... Determining eligibility or coverage under a plan and adjudicating claims; ... any health care provider (including providers not covered by the Privacy Rule).


What are the 12 disclosures under the hipaa privacy rule that do not require patient authorization to release?

by law


Does the HIPAA privacy rule provide greater or fewer patient right compared to existing state laws?

The HIPAA Privacy Rule generally sets a national standard for protecting patient health information, which can provide greater rights in some areas compared to existing state laws. However, if state laws offer more stringent protections or greater patient rights, those state laws take precedence under HIPAA's provisions. Thus, the comparison depends on the specific state law in question. Overall, HIPAA establishes a baseline, but states can enhance patient rights beyond that standard.


Does HIPAA Law vary from state to state?

HIPAA (Health Insurance Portability and Accountability Act) is a federal law that sets national standards for the protection of patient health information, so its core provisions are consistent across all states. However, individual states may have their own laws that provide greater protections for patient privacy and health information than HIPAA. In such cases, healthcare providers must comply with both HIPAA and state laws, adhering to the stricter requirements. Therefore, while HIPAA itself does not vary, the overall legal landscape can differ based on state regulations.


Should HIPAA laws apply to indivuals under 18years old?

Hipaa is privacy rule. it protests individual privacy. regardless of race, origine, age etc. It should remains that way. look it on the bright sight without the hipaa law anyone can collect/request information about any sick child. I don't think it's fair at all to invade someone's privacy.


Do federal law supersede state laws And when?

Federal laws over-ride any conflicting state or local ordinances.


Why were HIPAA's privacy protections considered necessary to supplement state law?

Respecting privacy is good for clinical outcomes. It makes customers (patients) more confident about getting care and providing full information to their care providers. State privacy laws did not always provide complete protection. More use of electronic records has raised privacy concerns, because of the magnitude of potential data exposures, and the federal law is designed to help. A standard "floor" of federal privacy protections was considered necessary.