If HIPAA rules are stricter than state law, which standard should you follow and why? What if the state law was stricter?
Follow the strictest laws.
OR, follow the HIPAA which is a Federal law, therefore stronger than any state law.
Sra
If HIPAA (Health Insurance Portability and Accountability Act) rules are stricter than state law, you should follow the HIPAA standards. HIPAA was enacted by the federal government with the purpose of protecting patients' health information and ensuring privacy and security.
When federal and state laws conflict, federal laws generally take precedence. This principle, known as preemption, applies in situations where there is a clear conflict between laws and where the federal government has constitutional authority to legislate on the issue.
HIPAA is a federal law, and it explicitly states that it preempts contrary state laws, except when a particular state law is more stringent. This means that if HIPAA sets stricter standards for privacy and security than the state law, you should comply with the HIPAA standards.
However, if the state law is stricter than HIPAA, you should follow the state law instead. In this case, the state law would provide stronger protections for patient health information than what is required by HIPAA.
It is important to note that healthcare organizations must always ensure compliance with both federal and state laws, and they should consult legal counsel to navigate any conflicting requirements.