Will HHS publish exception determinations?
Yes. The Department of Health and Human Services (HHS) will [...]
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?
The Department of Health and Human Services (HHS) will not [...]
Will a state law preemption exception determination apply only to the entity that requested the determination?
No. Preemption exception determinations issued by the Department of Health [...]
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?
No. The Privacy Rule permits covered health care providers and [...]
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?
No. The Privacy Rule establishes a floor of Federal privacy [...]
Under what circumstances will HHS grant a state law preemption exception determination?
The Department of Health and Human Services (HHS) may, upon [...]
How do I know if a state law is “more stringent” than the HIPAA Privacy Rule?
In general, a State law is "more stringent" than the [...]
How do I know if a state law is “contrary” to the HIPAA Privacy Rule?
A State law is "contrary" to the HIPAA Privacy Rule [...]
How does the HIPAA Privacy Rule reduce the potential for conflict with state laws?
The Privacy Rule is designed to minimize conflicts between Federal [...]
Does the HIPAA Privacy Rule preempt state laws?
The HIPAA Privacy Rule provides a Federal floor of privacy [...]