If HIPPAA rules are stricter than state law, which standard should you follow and why? Or what if the state law is stricter?
If HIPAA rules are stricter than state law, you should follow the HIPAA standards. The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that sets the standards for protecting sensitive patient health information. It establishes rules for healthcare providers, health plans, and their business associates to ensure the privacy and security of patient data.
HIPAA regulations provide a national standard for protecting health information, and its primary goal is to ensure the confidentiality and privacy of patients' medical records and other personal health information. The federal government enforces HIPAA strictly and imposes significant penalties for non-compliance.
State laws, on the other hand, may also have provisions regarding the protection of patient information. These laws can vary from state to state and may have different requirements or regulations than HIPAA.
In situations where the state law is stricter than HIPAA, the general principle is that you should follow the more stringent standard. This means complying with the state law in addition to the HIPAA requirements. It is important to understand and adhere to both the federal and state regulations concerning patient data protection to ensure full compliance with applicable laws.
Overall, when there is a conflict between HIPAA and state laws, it is crucial to consult legal experts or privacy officers who specialize in healthcare and data privacy to understand the specific requirements and obligations that apply in your particular jurisdiction.