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State Level Preemption

About Preemption
Under the HIPAA Privacy Regulation, covered entities (healthcare providers who participate in electronic transactions, health plans and healthcare clearinghouses) are required to comply with both the Privacy Regulation and state law.

If a state law is contrary to the Privacy Regulation (i.e., compliance with both laws is not possible, or the state law poses an obstacle to complying with the full purpose of the Privacy Regulation), covered entities are required to comply with the Privacy Regulation, unless:
  1. State law is more stringent;
  2. The Secretary of HHS makes a determination that state law stands; or
  3. The Privacy Regulation specifically excludes state laws from preemption.

HIPAAnswers has state-level preemption
Most HIPAA compliance tools rarely or never contain this critical information, so you end up doing too much, too little or the wrong compliance activities. HIPAAnswer™ incorporates state-level HIPAA preemption information directly within our web-based compliance solution.

Subscribers tell us the preemption information in HIPAAnswers is saving them thousands of dollars in legal fees! (Not every state is available - contact us for details on your state.)

See a demonstration of HIPAAnswers by clicking on the box below:


        

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