How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations (2014) / Chapter Skim
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31 XI. HIPAA PREEMPTION OF CONTRARY STATE LAWS THAT ARE LESS STRINGENT THAN HIPAA HIPAA preempts state privacy laws that are contrary277 to the HIPAA requirements and that are less stringent than the HIPAA rules in protecting an individual's PHI.278 However, a state law is contrary to HIPAA only when it would be impossible for a covered entity or business associate to comply with both the state law and the applicable HIPAA requirement.279 Although there are cases holding that HIPAA preempts a provision of state law, the HIPAA preemption provision may not be as broad as it would first seem.
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From page 32... ...
32 tions.289 As observed by a New Jersey court "[a] n authorization is a document that is signed by an individual or personal representative of an individual to allow release of protected health information," the minimal elements of which are set forth in 45 C.F.R.
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