If HIPAA rules are sticter than state law, which standard should you follow and why?
This is what I beleive the answer is. Could somebody confirm that I'm at least on the right trail or that this is right or wrong?
Answer:
The stritest law prevails, whether it's state or federal. However, if the state law conflicts with federal law, then the federal law would prevail.
Thank you for any feedback.
Minus the spelling errors.
Yes. I think you're right.
Yes, you are on the right track with your answer. When it comes to conflicts between HIPAA (federal law) and state laws, the general rule is that the stricter law prevails. HIPAA sets a national standard for protecting individuals' health information, but individual states also have the ability to enact their own laws to strengthen privacy and security protections.
If a state law is less strict than HIPAA, healthcare organizations and providers should follow HIPAA because it provides a higher level of protection for patients' sensitive health information.
However, if a state law is stricter than HIPAA, the healthcare organization or provider must comply with the more stringent state law. This means that the organization will need to follow the state law requirements in addition to meeting the HIPAA standards.
In summary, the key principle is that the stricter law, whether it is state or federal, takes precedence. If there is a conflict between state and federal law, then the federal law (HIPAA) would prevail.