December 2020
Intermediate to advanced
552 pages
20h 7m
English
Content preview from Legal and Privacy Issues in Information Security, 3rd Edition
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The Role of State Laws Protecting Medical Records
HIPAA sets the floor for PHI security and privacy protections. This means that states are free to create laws and rules that provide more protections than HIPAA. Covered entities have to comply with both laws. Generally speaking, the controlling law is whichever law is stricter, or provides greater patient rights.
Any state law that is contrary to HIPAA is not allowed. A state law is contrary if it is impossible for the covered entity to comply with both the state law and HIPAA. In these situations, the state laws are preempted by HIPAA.
States enact many laws that may affect PHI. These laws can provide more rights than allowed by HIPAA. For instance, in 2008 California enacted some of the strictest ...
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