FAQs Categories

Preemption of State Law

Does the HIPAA Privacy Rule preempt state laws?
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?
How do I know if a state law is "more stringent" than the HIPAA Privacy Rule?
Under what circumstances will HHS grant a state law preemption exception determination?
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?
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?
Will a state law preemption exception determination apply only to the entity that requested the determination?
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?