if hipaa rules are stricter than state law which standard shuld you foolow and why? what if the state law was stricter?
I think you have to follow whichever is stricter, to avoid getting into trouble.
It is legal for states to inact legislation stricter than federal rule of law. That being said, especially when dealing with issues that undoubtedly involve rights to privacy such as hipaa, I would follow the federal rule at a minimum. If you are involved in a state with tougher standards and you fall under those standards (you are in that state or are conducting business in that state), I would certainly follow those mandates. A rule to live by: You don't want to go to jail.
If HIPAA (Health Insurance Portability and Accountability Act) rules are stricter than state law, then you should follow the HIPAA standards. HIPAA is a federal law designed to protect the privacy and security of individuals' health information. State laws may have their own regulations regarding health information privacy, but if HIPAA standards are more stringent, they take precedence.
Following HIPAA rules when they are stricter than state law is important because it ensures consistent protection of individuals' health information across all states. It establishes a baseline standard for safeguarding patients' privacy and security nationwide.
Now, let's consider the scenario where the state law is stricter than HIPAA rules. In this case, you should follow the state law. State laws can vary, and some may have additional requirements or restrictions beyond what HIPAA mandates. It is important to comply with the most stringent rules to ensure full compliance with the law and to protect individuals' health information to the maximum extent required by the state.
To determine which standard to follow, you should first familiarize yourself with both the HIPAA regulations and the specific state law governing health information privacy in the state where you operate. It is essential to consult legal professionals familiar with healthcare privacy laws to ensure compliance with both HIPAA and state requirements.