Chapter 8: Medical Privacy
HIPAA Preemption and State Laws
HIPAA does not preempt stricter state laws. Practitioners must review state law for added patient rights, extra disclosures, and shorter deadlines, and note whether a state law exempts entities covered by HIPAA versus only data covered by HIPAA.
Federal floor, not ceiling
HIPAA does not preempt state laws that provide more protection. Watch for additional patient rights, added uses/disclosures, and shortened deadlines in state law.
Key terms - quick answers
What is “Preemption”?
When federal law overrides state law; HIPAA sets a federal floor and does NOT preempt stricter state protections.